Last updated : 11 November 2021
Users are required to adhere to the purpose for which the Services are availed. In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit third parties to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
Upon engagement of Bode Animation Services, a project manager will be assigned to cater to the needs of the User, based on deliverables agreed. Any modification or addition to the agreed deliverables will be subject to additional charges.
All fees are payable in advance. Fees are nonrefundable and not subject to apportionment by User. Payment terms are fifteen (15) days calculated from the date of invoice.Local taxes will be applicable to the relevant invoice additionally.The terms and conditions of the Agreement together with purchase order issued shall govern the payment terms and supersede any terms agreed between the parties.
The parties may terminate this agreement by providing notice of 15 (fifteen) days for breach. No refund is applicable upon termination.
User is to allow reasonable access to Content such as videos, photos, images, audio, music, sounds, graphics, special effects,images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files to provide services to the User.
Content included in the Services apart those owned by User, shall belong to Bode Animation Services, its affiliates or other relevant third parties. User acknowledges that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, or transferring of any right to use any copyright, trademarks, database rights and other intellectual property rights to the user without the explicit written permission of Bode Animation Services. Users must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content for purposes other than agreed to by Bode Animation Services.
IN NO CASE SHALL BODE ANIMATION SERVICES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE BODE ANIMATION SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE BODE ANIMATION SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SERVICES OFFERED BY BODE ANIMATION SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BODE ANIMATION SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE BODE ANIMATION SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, BODE ANIMATION SERVICES SHALL LIMIT ITS LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
By using the Bode Animation Services, you agree, to the extent permitted by law, to indemnify and hold Bode Animation Services, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of or related to your breach of this Agreement, your use of the Bode Animation Services, your use of third-party services, products, links, advertisements, and/or tools, your violations of any third-party rights, including third-party intellectual property rights, the unauthorized use of the Bode Animation Services by any other person using your information, your interaction with other users, and or any action taken by Bode Animation Services as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Bode Animation Services, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Bode Animation Services, or to take any other action during the investigation of a suspected violation or as a result of Bode Animation Services’ conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE BODE ANIMATION SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY BODE ANIMATION SERVICES; (B) BODE ANIMATION SERVICES DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE BODE ANIMATION SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) BODE ANIMATION SERVICES RECOGNIZES THAT CONTENT CREATION COMES IN MANY FORMS, AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE BODE ANIMATION SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) BODE ANIMATION SERVICES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR VIDEOS; AND (E) WHILE BODE ANIMATION SERVICES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE BODE ANIMATION SERVICES SAFE, BODE ANIMATION SERVICES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE BODE ANIMATION SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY SERVICES FROM BODE ANIMATION SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODE ANIMATION SERVICES OR THROUGH THE BODE ANIMATION SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.