AnimSchool.com
Terms and Conditions of Use

THE AnimSchool COMPUTER-BASED-TRAINING WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SIGNING THE ENROLLMENT AGREEMENT AND USING THE AnimSchool WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS AnimSchool MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.


1. Our Contact Information.

AnimSchool Headquarters:
3585 N University Ave #250
Provo, Utah 84604
801 765-7677
Contact:
Hours of operation: 9 am – 5 pm Mountain Standard Time

2. Definitions.

3. Acceptance of Terms.

Please carefully read the following Terms of Use and Disclaimers before accessing and using AnimSchool and the CBT. By Accessing the Computer Based Training via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.

AnimSchool reserves the right to modify these terms of use at any time without notice to User. Any change in these terms of use is effective immediately upon User's receipt of notice from AnimSchool. Notice can be given through e-mail or posting on the Site. Users agree to periodically check these terms of use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.

User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, headphones, microphone, or other equipment.

User is solely responsible for purchasing licenses of 3D animation software.

4. Authorized Use.

AnimSchool hereby grants to You a non-exclusive license to use and Access the content and information available at the CBT according to the provisions contained herein and subject to the payment of the applicable tuition and fees and adherence to the terms of the this Agreement.

5. Fees.

The rights granted under this Agreement are effective only upon payment of the tuition and fees, which are non-refundable other than as expressly provided here or in the current AnimSchool catalog, provided at AnimSchool.com. The term "monthly subscription" is defined as any 30 day period. The term "term" is defined as an 11-week period of instruction between the dates outlined in the current official AnimSchool catalog, provided at AnimSchool.com.

  1. For students paying monthly, their access to the service will be automatically renewed upon expiration of the initial month and term, unless the student withdraws from AnimSchool or suspends their active student status, or have completed the declared Program of study. Monthly payments renew at the monthly rate if the Student has not declared the intent to withdraw 24 hours prior to expiration.
  2. For students paying per term, their access is granted for the current term. To apply for classes for the upcoming term, students must pay for that next term. Unless a student withdraws from AnimSchool or suspends their study for personal reasons, it is assumed they will continue their chosen course of study, and non-payment will otherwise place the student on academic probation and may result in the student's termination and dismissal from AnimSchool.
  3. For students paying on the Easy-Pay Program: The Easy Pay program is a method of payment which extends the period of study by 9 months of 3 break periods during which the student doesn't attend regular classes but continue to pay, and consists of 36 monthly payments beginning 3 months before classes begin and ending 3 months after the last class is completed. AnimSchool is extending credit to the student by allowing them to receive education in advance of payment. The student is obligated to continue to pay the monthly Easy-Pay payments until the tuition for the attended classes and associated fees have been paid. By enrolling in the Easy Pay program, you agree to pay for participation in AnimSchool even if you have completed a week, term, or program of study in advance of paying for that participation. For students on the Easy Pay program, their access to the Site is automatically renewed as their monthly payment is successfully processed.

Refund Eligibility. After registering for the school and paying the otherwise non-refundable $125 registration fee, students have three business days to change their mind and withdraw from the school. They are then eligible for a full refund of all fees and any tuition paid, including the otherwise non-refundable registration fee. 

After the three day period, students may withdraw before they participate in AnimSchool classes (including General Reviews and drawing classes) until two weeks before classes begin, for a full refund, minus the non-refundable registration fee.

Once enrolled in a term, students have until two weeks before classes begin to opt out of the term. After that point, because AnimSchool has already employed their instructors for the term, students are obligated to pay at least 2/3 of the agreed upon tuition, even if they cannot participate in the term.

While a term is underway, students wanting to switch out of a term and re-enter next term may do that, but will forfeit at minimum 2/3 of the tuition for that term (If it is beyond the 7th week of the term, there is no refund issued).

At any point during a term, students may withdraw from AnimSchool. Regardless of the payment method, students are obligated to pay for that term's tuition. If they have paid for the term already, they may be eligible for a maximum refund of 1/3 of the tuition for the term, minus a $75 withdrawal fee.(If it is beyond the 7th week of the term, there is no refund issued). (This assumes additional class sessions were not attended after the withdrawal request). Registration or other fees will not be refunded.

Withdrawal can be initiated by emailing: admin@animschool.com with a clear written request for withdrawal. Student who withdraw from a program may not reapply to AnimSchool, except for Express classes.

Any cancellation or withdrawal refund payments will be issued or attempted to be issued within 30 days.

Student who withdraws from a program after the initial three-day period may not reapply to AnimSchool.

6. Residency.

Given the nature of the Internet, even though the Site is targeted to U.S. residents only, it may be accessed in other parts of the world. If you are not a U.S. resident and use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of AnimSchool) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A U.S. RESIDENT , BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE U.S., AND TO THE PROCESSING OF SUCH DATA ON AnimSchool's U.S. SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY U.S. LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.

7. Site is Not Intended for Minors.

The site is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If we receive a complaint which states that a user of the site is under 13 years of age, we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 ("COPPA").

8. Access to the CBT.

AnimSchool strives to provide the CBT to its Students on a continuous basis. To that end, AnimSchool will take all commercially-reasonable efforts to provide uninterrupted Access to the CBT to its Students. However, from time to time, Students may be unable to Access the CBT due to conditions beyond AnimSchool's control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the CBT to its Students, AnimSchool will take all commercially-reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially-reasonable shall be determined solely by AnimSchool.

AnimSchool endeavors to provide the highest quality content to its Students. Accordingly, AnimSchool reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the Site and the CBT, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.

9. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

  1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects AnimSchool's computers or databases.
  2. Otherwise engage in any action which AnimSchool determines is detrimental to the use and enjoyment of the Site.
  3. Capture, download, save, upload, otherwise retaining information and content available on the CBT other than what it expressly allowed by these Terms.
  4. Permit or provide others Access to the CBT using Your username or password or otherwise.
  5. Copy, modify, reverse engineer, disassemble, redistribute, publish, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, videos, information, text, graphics, source code or HTML code, characters, tools, sample files, student assignments and uploads, or other content available on the Site.
  6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  7. Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; or "deep link" to the Site content.
  8. Violate or attempt to violate AnimSchool's security mechanisms, Access any data or server You are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
  9. Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  10. Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users or the site.
  11. Use the Site to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
  12. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by the Site.
  13. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site, verbal or visual; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  14. Advertise or otherwise solicit funds, goods or services on the Site.

In order to ensure that Users of the Site do not engage in Prohibited Conduct, AnimSchool reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the CBT to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the CBT beyond that of normal patterns of use that suggests systematic copying of the materials may constitute abuse of the CBT and may result in revocation or denial of Access to the CBT. The terms "normal patterns" and "abuse" shall be determined solely by AnimSchool. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

10. Warranties.

AnimSchool warrants that the software that allows Users to Access the CBT ("Software"), if operated as directed, will substantially achieve the functionality described. AnimSchool does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. AnimSchool PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

AnimSchool also warrants that the school Software, if provided by AnimSchool, is free from defects in material from the date You acquired the Software. AnimSchool's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the tuition and fees You paid for the Software. Only if You inform AnimSchool of Your problem with the Software within thirty (30) days of discovering the problem will AnimSchool be obligated to honor this warranty. AnimSchool will use commercially-reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.

Although AnimSchool has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

11. Disclaimer and Limitation of Liability.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AnimSchool OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT AnimSchool RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL AnimSchool BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AnimSchool RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF AnimSchool SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AnimSchool, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. AnimSchool IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF AnimSchool IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.

12. Third Party Content.

You acknowledge that AnimSchool does not pre-screen third party materials, including but not limited to assignments and uploads from other students. AnimSchool is not the publisher or speaker of any information on the Site that is provided by third party content providers, and AnimSchool is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by AnimSchool. AnimSchool assumes no responsibility for those products or services.

AnimSchool may contain links and references to other third party websites and materials. AnimSchool does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. AnimSchool does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. AnimSchool reserves the right to terminate any link or remove any reference found on the Site at any time.

AnimSchool MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, AnimSchool DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

13. Copyrights and Trademarks and other Proprietary Rights.

AnimSchool or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, 3D characters, training content, the "look and feel" of the Site, its color combinations, layout, student assignment files and uploads, and all other graphical elements, and the copyright in and to its original content. AnimSchool retains all copyrights to student assignment uploads and may choose to use any AnimSchool student work for school promotion, branding, or other purposes. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by AnimSchool or a third party who licensed the right to use such content to AnimSchool. Unless otherwise expressly noted, nothing that You read or see on the Site or in the CBT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of AnimSchool except as provided in this Agreement or expressly allowed in the course of class interaction. AnimSchool students may display their personal class assignment images and videos in their personal portfolios but not use them or AnimSchool intellectual property commercially. Students may not give AnimSchool intellectual property including character rigs or assignment files to others/3rd parties, with the following single exception: Students in AnimSchool animation classes may give completed assignment files to a 3rd party to be rendered for personal portfolio use only if those files do not include the source rig data, in a format such as alembic.

14. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless AnimSchool and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Site.

15. Security.

Users are prohibited from violating or attempting to violate the security of the Site. AnimSchool will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Computer Based Training. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.

16. Termination of Agreement.

In addition to AnimSchool's other rights, it may terminate this Agreement at any time and at its discretion. AnimSchool may also terminate Access to the CBT or cancel subscriptions to the CBT without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that AnimSchool deems inappropriate, for its convenience or for any other reason.

In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 shall survive. Your obligations to pay outstanding tuition and fees shall survive any termination of this Agreement.

17. Privacy Statements.

All of AnimSchool's employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information AnimSchool collects is: name, address, city, state, postal code, telephone number, and e-mail address. AnimSchool does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified AnimSchool employees. We gather only the User information that is needed to administer our business and enhance and improve our services.

18. Miscellaneous.

These terms of use, in conjunction with the Enrollment Agreement, constitute the entire agreement between AnimSchool and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between AnimSchool and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, AnimSchool may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. AnimSchool's remedies are cumulative and not exclusive. Failure of AnimSchool to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. AnimSchool makes no representation that the content of the Site is appropriate or available for use in all locations.

19. GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement is governed by the laws of the State of Utah, without regard to principles of conflict of laws. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Salt Lake City, Utah. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Salt Lake City, Utah, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.