1. Proprietary Rights

1.1. Limited License and Copyright

Subject to the terms and conditions set forth in this Agreement, TOON BOOM grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the text, graphics, animations, pictures or images thereon as well as any software viewable on the Site, except the TOON BOOM software products which are licensed separately (collectively, the “Materials”), and to view and download the Materials subject to the restrictions below, only in connection with the products and services described by TOON BOOM for use internally by your business.

This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable on this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, TOON BOOM does not grant any express or implied right or license to you under any intellectual property right of TOON BOOM including under any patent, trademark, copyright, trade secret, or confidential information of TOON BOOM, its affiliates or any of their third party suppliers.

1.2. Trademarks

The product names, company names and logos of TOON BOOM or any affiliate used on this Site may be trademarks including registered trademarks of TOON BOOM or an affiliate. Such product names, company names and logos of TOON BOOM and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of TOON BOOM or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners and no rights are granted by TOON BOOM with respect to them.

1.3. Reservation of Rights

TOON BOOM and its affiliates’ products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secrets and other proprietary rights. TOON BOOM and its affiliates reserve all such rights.

1.4. Software

Any software, as well any files, texts or graphics, animations, pictures or images generated by such software, accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of TOON BOOM, its affiliates and/or their suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

1.5. Termination

TOON BOOM may terminate all rights and licenses contained herein and, upon such termination, you shall immediately destroy all Materials.

2. Disclaimer and Limitation of Damages

The Materials and information accessible through this Site may contain inaccuracies, defects and errors. TOON BOOM, its affiliates and/or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site or about the continued availability of this Site or of any of the Materials. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. TOON BOOM reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. TOON BOOM may make any other changes to this Site, the Materials and the products, services, programs or prices (if any) described on this Site at any time without notice.

This Site and the Materials and information accessible through this Site and the Software are provided “as is” without any representation or warranty, express or implied, of any kind, and TOON BOOM, its affiliates and their suppliers hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. TOON BOOM does not warrant that this Site will operate without interruptions or that it will be error free.

In no event shall TOON BOOM, its affiliates and/or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use, this Site, its contents or Materials available from this Site, or any information, Software, products and services obtained through this Site, or functions of this Site or any linked website, whether or not any of TOON BOOM, its affiliates and/or their suppliers has been advised of the possibility of such damages.

The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Because some jurisdictions do not allow the exclusions of implied warranties or limitations of liability for direct, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.

3. User Conduct

You agree: a) not to use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with other parties’ use and enjoyment of the Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other user’s enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained on the Site; f) not to use or attempt to use another’s account, service or system without authorization from TOON BOOM, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass email; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

4. Online Communities and Other Interactive Areas

To the extent that this Site contains bulletin boards, discussion or user groups, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; or harvest or otherwise collect information about others, including email addresses, without their consent. TOON BOOM does not have any obligation to monitor the content of its bulletin boards, discussion or user groups, or other message or communication facilities, but may elect to do so at its discretion. However, TOON BOOM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, that in TOON BOOM’s sole discretion are objectionable or in violation of these Terms and Conditions. The opinions expressed in bulletin boards, discussion or user groups, or other message or communication facilities are the opinions of the contributors, and do not necessarily reflect those of TOON BOOM. TOON BOOM shall not be liable for any content circulated in bulletin boards, discussion or user groups, or other message or communication facilities from any source, including from use of any suggestions relating to TOON BOOM products even if posted on this Site.

5. Links and Third Party Content

As a convenience to you, TOON BOOM may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. TOON BOOM makes no warranty or representation regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that TOON BOOM or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of TOON BOOM or any of its affiliates. This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that TOON BOOM shall not have any liability whatsoever to you for any such third party material, data or information. All links to this Site must be approved in writing by TOON BOOM.

6. Information Provided by You

TOON BOOM does not want you to, and you should not, send any confidential or proprietary information to TOON BOOM via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to TOON BOOM is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to TOON BOOM or to other users of this Site, you grant to TOON BOOM and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that TOON BOOM and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to TOON BOOM for any purpose and you represent that you have all rights necessary to grant such rights to TOON BOOM . You further recognize that TOON BOOM does not want you to, and you warrant that you will not, provide any information or materials to TOON BOOM that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.

7. News Provided by You or Others

This Site allows you to submit certain news to TOON BOOM for posting on this Site after approval by TOON BOOM. Such news are covered by section 6 of these Terms and Conditions. TOON BOOM reserves the right to review the news and use its discretion in selecting the material to be posted on the Site. By posting such news TOON BOOM makes no warranty or representation regarding, and does not endorse, any such news, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Such posting does not imply that TOON BOOM or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such news.

8. CVs Provided by You

This Site allows you to submit your CV to TOON BOOM. Notwithstanding the terms of section 6 of these Terms and Conditions, the information contained in your CV will not be posted on this Site and will not be disclosed to any third party except to TOON BOOM affiliates without your consent.

9. TOON BOOM Showcase

This Site allows you to submit certain animations to TOON BOOM for posting on this Site after approval by TOON BOOM. Such animations are covered by section 6 of these Terms and Conditions save and except that the rights granted to TOON BOOM are restricted to posting of the animations, in whole or in part, on this Site. TOON BOOM will seek permission for any other use. TOON BOOM reserves the right to review the animations and use its discretion in selecting the material to be posted on the Site. By posting such animations TOON BOOM makes no warranty or representation regarding, and does not endorse, any such animations. Such posting does not imply that TOON BOOM or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in such animations. All animations are submitted voluntarily with no form of compensation payable by TOON BOOM. TOON BOOM will use its best efforts to credit the author(s) of the animations.

10. Copyright Infringement

If you believe that anything posted on this Site infringes your copyright or the copyright of a third party, you may notify us in accordance with our Copyright Complaint Policy.

11. Consent to Privacy Policy

Personal data will be collected, processed, used, communicated and disclosed by TOON BOOM and its affiliates for the purpose of providing its products and services or those of third parties and to facilitate transactions you enter into with TOON BOOM and its affiliates. You can find further information on the collection, use, communication, and disclosure of your personal data in TOON BOOM’s Privacy Policy available at Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions. Such personal information that you provide via this Site, together with information regarding the manner in which you use this Site will be used, processed, communicated and disclosed by TOON BOOM and its affiliates as permitted by these Terms and Conditions, the Privacy Policy reproduced on this Site, other agreements between the parties related to such information, and as otherwise permitted by law.

12. Linking and Framing

You are permitted to view the Site only in its full presentation form and are prohibited from “framing” the Site. You are prohibited from “deep linking” to any other pages in a manner to bypass the home page.

13. Violation of Terms and Conditions

You acknowledge that TOON BOOM has the right, at its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of TOON BOOM, interfere with any other user’s access or use of the Site, or if TOON BOOM decides that your use is otherwise detrimental to TOON BOOM, the Site, or TOON BOOM’s suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact TOON BOOM at webmaster@toonboom.com. TOON BOOM may decide, at its discretion, to investigate the report and decide, at its sole discretion, to take any action relating to that report. TOON BOOM does not have any obligation or liability to you for the performance or nonperformance of those activities.

14. Licensing TOON BOOM SOFTWARE PRODUCTS

You may order your license for TOON BOOM SOFTWARE by following the instructions located at the TOON BOOM STORE and subject to the terms of TOON BOOM SOFTWARE License Agreement which also accompanies the software.

Please note that you will not be able to download or install TOON BOOM SOFTWARE unless you agree to the terms of the License Agreement. If you do not agree to these terms you are not authorized to download or use TOON BOOM SOFTWARE. The TOON BOOM STORE allows qualified students to obtain discounts on TOON BOOM SOFTWARE. To verify your eligibility to such discounts TOON BOOM uses a third party to conduct the necessary eligibility verifications or request you to send supporting documents by following the instructions in the student’s section of this Site. You agree to have such third party or TOON BOOM to have access to and to verify all personal information that you supply in this regard. This is an exception to our Privacy Policy.

15. Commercial Educational Version End-user License

If the EDUCATIONAL version of the SOFTWARE has been licensed to YOU as an EDUCATIONAL END-USER, YOU may not use it for, or distribute it to any other person for any commercial purpose. YOU are not entitled to use the EDUCATIONAL version of the SOFTWARE unless YOU qualify in your jurisdiction as an EDUCATIONAL END-USER. YOU agree to implement reasonable controls to ensure that your use of the EDUCATIONAL version of the SOFTWARE is so restricted. YOU agree that TOON BOOM may audit your use of the EDUCATIONAL version of the SOFTWARE for compliance with this License Agreement at any time, with or without notice. For purposes of this section, “EDUCATIONAL END-USER” means primary and secondary schools, colleges, universities, vocational schools and training centres, public libraries, youth organizations and institutions providing organized educational programs to students (including mature students) and young people, and their respective students, teachers, administrators, staff and board members, purchasing the EDUCATIONAL version of the SOFTWARE; “EDUCATIONAL” version of the SOFTWARE means that version of the SOFTWARE targeted and geared specifically towards the needs of EDUCATIONAL END-USERS.

16. General

This Agreement constitutes the entire agreement between TOON BOOM and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of this Site or which is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

17. Cancellation/Return/Exchange Policy

Toon Boom Animation Inc. does not accept any returns or exchanges of its downloadable products.

17.1. Desktop Subscription

When you select a monthly or annual Desktop Subscription, your license will automatically renew for the same length of time at the start of the next period and you will be billed automatically on your credit card at the start of each period.

You can cancel a Desktop Subscription at any time by signing into the Toon Boom website with your ToonBoomID and going to the Manage My Subscriptions section of your profile. To cancel, click the Cancel button.