Terms And Conditions
Agreement To Terms
This agreement ("Agreement") is a legally binding document between you, an individual or entity, and Hancock Animations ("we," "us," or "our"), relating to your use and access to the hancockanimations.com website ("Site"), as well as any other media form, mobile application, media channel, or mobile website connected or related to the Site.
Your use of the Site indicates your acceptance of and agreement to abide by all the terms and conditions stated in this Agreement.
Should you not agree with any of these terms and conditions, you are strictly prohibited from accessing the Site and must discontinue use immediately.
By accessing the Site, you agree to adhere to all of the terms and conditions specified in this Agreement. You also acknowledge that this Agreement incorporates any additional terms and conditions or documents that may be posted on the Site from time to time.
We reserve the right, in our sole discretion, to modify or change any of the terms and conditions of this Agreement at any time and for any reason, without prior notice to you.
As a user of the Site, you are responsible for periodically reviewing this Agreement to stay informed of any changes or updates.
Continued use of the Site after any modifications or changes have been made to this Agreement shall indicate your acceptance of such modifications or changes.
Any information provided on the Site is intended solely for individuals or entities in jurisdictions or countries where the distribution or use of such information would not be in violation of any laws or regulations or require our registration within such jurisdictions or countries.
Therefore, users who choose to access the Site from other locations are responsible for complying with any applicable local laws.
The Site is intended for users who are at least 18 years old.
Intellectual Property Rights COLLECTION OF YOUR INFORMATION
The Site, unless otherwise stated, is our exclusive property, and all elements, including source code, databases, software, website designs, audio, video, text, photographs, and graphics (referred to as the "Content"), as well as the trademarks, service marks, and logos (the "Marks"), are either owned or controlled by us, licensed to us, and are protected by various intellectual property laws.
The Content and the Marks are made available on the Site "AS IS" for informational and personal purposes only. Except as expressly authorized in these Terms and Conditions, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you are eligible to use the Site, you have a limited license to access and use the Site, and you may download or print a copy of any portion of the Content that you have lawfully accessed for your personal, non-commercial use. We retain all rights to the Site, Content, and Marks that are not expressly granted to you.
By accessing and using the Site, you confirm and guarantee that:
- All the information provided by you during registration is true, accurate, current, and complete.
- You possess the legal capacity and comply with all the obligations, responsibilities, and terms set forth in these Terms and Conditions.
- You are not below 18 years of age or considered a minor under the laws of your jurisdiction.
- You will not use automated or non-human means to access the Site, including but not limited to bots or scripts.
- You will not use the Site for any unlawful or unauthorized purpose.
- Your use of the Site will not violate any local, state, national, or international laws, rules, or regulations.
We reserve the right to suspend or terminate your account and restrict access to the Site, in whole or in part, without prior notice, if we have reasonable grounds to believe that any of the information you provide is untrue, inaccurate, not current, incomplete, or that you have violated any of these Terms and Conditions
When accessing or using the Site, you agree to use it only for the intended purposes and not for any commercial activities unless approved by us. As a user of the Site, you must agree to the following terms:
- You may not systematically collect data or content from the Site without our written permission to create or compile a collection, compilation, database, or directory.
- You may not make any unauthorized use of the Site, including collecting usernames or email addresses of users for unsolicited emails or creating user accounts under false pretenses.
- You may not use the Site to advertise or sell goods and services or engage in any automated use of the system.
- You may not attempt to interfere with security-related features of the Site or use the Site to harass, abuse, or harm another person.
- You may not use the Site to compete with us or for any revenue-generating endeavor or commercial enterprise.
- You may not attempt to decipher, decompile, disassemble, or reverse engineer any software of the Site or bypass any measures designed to restrict access to the Site.
- You may not upload any material that interferes with the Site's operation or engages in any form of passive or active information collection or transmission.
- You may not use any automated system to access the Site or launch any unauthorized scripts or software.
- You may not use any automated system to access the Site or launch any unauthorized scripts or software.>You may not use any automated system to access the Site or launch any unauthorized scripts or software.
If you violate any of these terms, we may suspend or terminate your account and deny your access to the Site.
At Hancock Animations, we strive to ensure that all our clients are satisfied with our work. However, if you are not satisfied with the initial responses we have provided, we offer a refund of the initial payments made by you less a $50.00 service and processing fee. Information regarding your mobile device, such as your mobile device ID, manufacturer, and model, as well as data regarding the location of your device if you access the Site from a mobile device.
Please note that refunds will not be provided under the following circumstances:
- If the primary design concept for any service has been approved.
- If revisions beyond the initial design concepts for website and mobile app screens have been demanded.
- If the designs for website and mobile app screens have been finalized.
- If the developed product has been designed, developed, and deployed live.
- If the company has not been contacted for more than two weeks without notice.
- If the project is placed on hold upon customer request.
- If another company or designer has been approached for the same project.
- If the creative brief lacks required information from the client end.
- If a complete design change has been demanded and provided.
- If the business is closing or changing its name or business.
- If reasons such as 'change of mind', 'disagreement with partner', or other reasons unrelated to the service provided are cited.
- If a client has accepted multiple sets of revisions for any service, a refund will not be applicable.
The refund process will be initiated within 14-21 business days after your request and the money will be transferred back to your credit card account if that was the mode of payment.
User Generated Contributions
The Site may present opportunities for users to participate in blogs, message boards, and other features, allowing them to create, post, transmit, or distribute material or content, including text, photographs, graphics, videos, personal information, or other material (known as "Contributions"). Contributions may be visible to other users and third-party sites, and as such, any Contributions transmitted may not be considered confidential or proprietary.
By creating or providing any Contributions, users represent and warrant that their actions do not infringe on any third-party proprietary rights, including but not limited to the copyright, trademark, trade secret, patent, or moral rights. Users also declare that they have the necessary licenses, consents, releases, and permissions to use and authorize the Site and other users to use their Contributions. Additionally, users declare that they have the written consent and permission of any identifiable individual person in their Contributions to use their name and likeness.
Furthermore, Contributions must not be false, misleading, obscene, unsolicited advertising, harassing, libelous, slanderous, or otherwise objectionable, as determined by the Site. They must not ridicule, mock, disparage, intimidate, abuse anyone, incite physical harm against another, or advocate the violent overthrow of any government. Contributions must not violate any applicable laws, rules, or regulations, including those concerning the privacy or publicity rights of any third party.
Contributions must not solicit personal information from anyone under 18 years of age or exploit minors sexually or violently. They must not include any offensive comments based on race, national origin, gender, sexual preference, or physical disability. Contributions must not violate any federal or state laws concerning child pornography or endangering the health or well-being of minors.
Violating any of these conditions while using the Site breaches these Terms and Conditions and could result in the suspension or termination of the user's rights to use the Site.
When you contribute to the Site by posting your Contributions or linking your social networking accounts, you grant us an unrestricted, non-exclusive, irrevocable, worldwide, transferable, and royalty-free license to use, host, reproduce, distribute, sell, publish, publicly display, publicly perform, transmit, create derivative works, and prepare derivative works based on your Contributions, including your name, image, voice, trademarks, service marks, trade names, and logos.
This license applies to any media format and channel, and you waive your moral rights in your Contributions. However, you retain full ownership of your Contributions and any intellectual property rights associated with them.
We are not responsible for the statements or representations in your Contributions, and you agree to release us from any responsibility and legal action. We may edit, categorize, or delete your Contributions at our sole discretion, without notice, and without any obligation to monitor them.
You understand and accept that any information, suggestions, feedback, ideas, comments, or other content ("Submissions") that you provide to us regarding the Site is not confidential and will become our exclusive property. We will have complete ownership and all intellectual property rights of the Submissions and may use and distribute them freely, either for commercial or non-commercial purposes, without giving any acknowledgement or compensation to you.
By submitting any such Submissions, you waive all moral rights to the content and declare that the Submissions are either original or that you have the authority to submit them. You also agree not to hold us responsible for any infringement or misappropriation of any proprietary right in the Submissions, whether actual or alleged.
Third-Party Websites And Content
The Site may have links to other websites ("Third-Party Websites"), as well as content or items belonging to or originating from third parties ("Third-Party Content"). We do not investigate, monitor or check for accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content posted on, available through, or installed from the Site, including their content, opinions, reliability, privacy practices, or other policies.
We do not approve or endorse Third-Party Websites or Third-Party Content. If you access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and these Terms and Conditions no longer govern. You should review the applicable terms and policies of any website you navigate from the Site, or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites are between you and the applicable third party. We are not responsible for any purchases made through Third-Party Websites or the products or services offered on them. You agree that we do not endorse the products or services offered on Third-Party Websites and that we are not liable for any harm caused by your purchase of such products or services. You also agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting from any Third-Party Content or contact with Third-Party Websites.
We retain the right, at our sole discretion and without any obligation, to:
- Monitor the Site to ensure that these Terms and Conditions are not being violated;
- Take any legal action we deem necessary against any individual who, in our sole opinion, violates these Terms and Conditions or any applicable laws, including reporting such person to the appropriate authorities;
- Refuse, limit access to, restrict the availability of, or remove (if feasible technologically) any of your Contributions or any part thereof, in our sole discretion and without any obligation or liability to you;
- Remove any files or content from the Site that we deem to be excessively large or burdensome to our systems, or to disable such files or content without notice or liability to you; and
- Manage the Site in a manner that safeguards our rights and interests, and ensures that the Site operates correctly.Monitor the Site to ensure that these Terms and Conditions are not being violated;
The Site is hosted in the United States, and if you access the Site from a different region of the world with different laws governing personal data collection, use, or disclosure, you are consenting to the transfer of your data to the United States.
DMCA Notice And Policy
We uphold the intellectual property rights of others and take copyright infringement seriously. If you believe that any content available on or through the Site infringes upon your copyright, please notify our Designated Copyright Agent immediately using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that under federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are unsure whether material located on or linked to by the Site infringes your copyright, you should first consult with an attorney.
All Notifications should comply with DMCA 17 U.S.C. § 512(c)(3) and must include the following information:
- Identification of the copyrighted material that has been infringed and the location of the material on the Site prior to its removal or disablement.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or, if your address is outside the United States, for any judicial district in which we are located.
- A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
- Your name, address, and telephone number.
- A statement, under penalty of perjury, that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
By using the Site, you agree to comply with the DMCA and these Terms and Conditions, and you acknowledge and agree that upon receipt of a Notification, we may remove or disable access to the material that is claimed to be infringing.
In the event that you believe your copyrighted material was mistakenly or wrongly removed from the Site, you may send us/our Designated Copyright Agent a written counter-notification using the contact details provided below. To ensure that your Counter Notification meets the requirements of the DMCA, it must substantially include the following:
- Identification of the material that was removed or disabled and its former location on the Site
- A statement indicating that you consent to the jurisdiction of the Federal District Court in which your address is located or, if your address is located outside the United States, any judicial district in which we can be found
- A statement indicating that you will accept service of process from the party who filed the Notification or their agent
- Your name, address, and telephone number
- A statement, under penalty of perjury, that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the above requirements, we will restore your removed or disabled material, unless we receive notice from the party filing the Notification informing us that they have filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that filing a false Counter Notification constitutes perjury, and if you make a material misrepresentation that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
We value the rights of intellectual property of others. If you believe that any content available on or through the Site violates any of your copyrights, please notify us immediately through the contact information provided below (a "Notification"). A copy of your Notification will be forwarded to the individual who posted or stored the material mentioned in the Notification.
It is important to note that according to federal law, you may be held accountable for damages if you provide false or misleading information in a Notification. Therefore, if you are uncertain whether the content located on or linked to the Site infringes your copyright, we recommend you seek advice from a legal professional before making any claims.
Term And Termination
These Terms and Conditions shall be valid and enforceable while you are using the Site. However, we reserve the right, at our sole discretion and without prior notice or liability, to block or restrict access to the Site, including specific IP addresses, for any reason or no reason, including but not limited to a violation of any provision of these Terms and Conditions or any applicable law or regulation. We may terminate your account and your use of the Site or delete any of your content or information posted on the Site at any time, without prior notice or liability, at our sole discretion.
If we terminate or suspend your account for any reason, you are strictly prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party.
Additionally, we reserve the right to pursue legal action, including civil, criminal, and injunctive relief, in addition to terminating or suspending your account, to address any violations of these Terms and Conditions.
Modifications And Interruptions
We retain the right to modify, remove, or alter any content on the Site at our discretion without prior notice, and we are not obligated to update any information on the Site. We may also discontinue the Site, or any portion of it, at any time without prior notice or liability to you or any third party. We cannot guarantee that the Site will always be accessible, as it may experience issues related to hardware, software, or maintenance that could result in interruptions, delays, or errors.
We reserve the right to revise, update, suspend, discontinue, or modify the Site at any time, without prior notice. You acknowledge and agree that we have no responsibility or liability for any harm, loss, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. These Terms and Conditions do not obligate us to maintain or support the Site, or to provide any updates or enhancements to the Site.
The utilization of the Site and these Terms and Conditions shall be subject to and interpreted in accordance with the laws of the State of New York, notwithstanding any conflict of law principles. Any legal action or proceeding relating to your access to, or use of, the Site or these Terms and Conditions shall be instituted in a state or federal court in New York, and you hereby consent to the exclusive jurisdiction of such courts.
If the Parties are unable to resolve a dispute through informal negotiations, the dispute, excluding those disputes expressly excluded below, will be finally and exclusively resolved by binding arbitration. The Parties understand that without this provision, they would have the right to sue in court and have a jury trial.
The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both available at www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Suffolk County, New York. The Parties will share equally in the costs of arbitration.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Suffolk County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
In no event shall any dispute brought by either Party related in any way to the Site be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To facilitate timely resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (collectively referred to as “Disputes”), any such Dispute brought by either party (individually, a “Party” and collectively, the “Parties”) shall be ultimately and solely resolved by binding arbitration.
The Parties acknowledge that without this provision, they would have the right to sue in court and have a trial by jury. The arbitration shall be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), available at the AAA website www.adr.org, if applicable.
The parties' arbitration fees and their share of arbitrator compensation will be governed by the AAA Consumer Rules and, where appropriate, limited by them. The arbitration may be conducted in person, by the submission of documents, by phone, or online. The arbitrator will make a written decision but is not required to provide a statement of reasons unless requested by either party. The arbitrator must comply with applicable law, and any award may be challenged if the arbitrator fails to do so.
Unless otherwise specified by the applicable AAA rules or relevant law, the arbitration will take place in Suffolk County, New York. The Parties may litigate in court to enforce arbitration, halt proceedings pending arbitration, or confirm, alter, cancel, or enter judgment on the arbitrator's award, except as otherwise provided herein.
If for any reason, a Dispute proceeds in court instead of arbitration, the Dispute shall be initiated or prosecuted in the state and federal courts located in Suffolk County, New York, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens regarding venue and jurisdiction in such state and federal courts.
The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 year after the cause of action arose.
If this provision is deemed illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be resolved by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 2/Option 3: Restrictions
The Parties hereby agree that any arbitration shall only apply to the Dispute between the Parties on an individual basis. To the maximum extent allowed by law, (a) no arbitration proceeding shall be consolidated with any other proceeding; (b) no Dispute shall be arbitrated on a class-action basis or using any procedures related to class action; and (c) no Dispute may be brought on behalf of the general public or any other persons in a purported representative capacity.
Option 2/Option 3: Exceptions to Informal Negotiations and Arbitration
The Parties hereby agree that certain Disputes shall not be subject to t he informal negotiations and binding arbitration provisions outlined above. Thes e Disputes include: (a) those seeking to enforce, protect, or question the validity of any Party 's intellectual property rights; (b) those arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief.
Should a court of competent jurisdiction find this provision to be illegal or unenforceable, neither Party shall elect to arbitrate any Dispute that falls within that portion of this provision, and the Dispute shall instead be resolved by said court. The Parties agree to submit to the personal jurisdiction of such court.
The Site may contain information that has typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, or other information. We retain the right t o rectify any errors, inaccuracies, or omissions and to modify or update the information availab le on the Site at any time, without prior notification.
The site is provided on an "as-is" and "as available" basis, and you agree to use it and our services at your own risk. We make no warranties, express or implied, regarding the site and your use of it, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not guarantee the accuracy or completeness of the site's content or any linked websites, and we will not be liable for any errors, personal injury, property damage, unauthorized access, interruption of transmission, bugs, viruses, or omissions in content or materials. We also do not endorse or assume responsibility for any third-party products or services advertised on the site or any linked websites, and we will not be responsible for monitoring any transaction between you and a third-party provider of products or services. As with any purchase made through any medium or environment, you should use your best judgment and exercise caution where appropriate.
Limitations Of Liability
We and our directors, employees, or agents will not be held responsible for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to lost profits, lost revenue, or loss of data, that arise from your use of the Site, even if we have been advised of the possibility of such damages. However, our liability to you for any cause, irrespective of the form of action, will always be limited to the lesser of the amount paid by you to us during the one-month period prior to the occurrence of the cause of action, or $1,000.
It is important to note that some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, and therefore, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
By agreeing to these Terms and Conditions, you shall defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, that may arise from or be related to: (1) any Contributions you make; (2) your use of the Site; (3) any breach of these Terms and Conditions by you; (4) any breach of your representations and warranties as stated in these Terms and Conditions; (5) any infringement or violation of a third party's rights, including but not limited to intellectual property rights, by you; or (6) any harmful act or conduct towards another user of the Site with whom you interacted through the Site.
However, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you shall cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
We will store specific information that you send to the Site to manage it, as well as information related to your use of the Site. While we do conduct routine backups of data, you are entirely responsible for any data that you transmit or that is linked to any activity you perform on the Site.
You acknowledge and agree that we will not be responsible for any loss or damage to such data, and you hereby release us from any and all liability for any such loss or damage. You also waive any right to pursue legal action against us in connection with any such loss or damage to your data.
Electronic Communications Transactions And Signatures
By accessing the Site, communicating with us via email, or filling out online forms, you acknowledge that such actions constitute electronic communications. You hereby consent to receive electronic communications from us and agree that any agreements, notices, disclosures, or other communications we provide to you electronically, whether through email or the Site, satisfy any legal requirements for written communication.
Furthermore, you agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Site. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
This agreement, including any policies or operating rules posted on the Site, constitutes the complete understanding and agreement between you and us. Our failure to enforce any of these Terms and Conditions shall not be deemed as a waiver of our right to enforce such provision in the future.
These Terms and Conditions will be enforced to the maximum extent permitted by law. We may assign our rights and obligations to others at any time, and we will not be held liable for any loss, damage, delay, or failure to act caused by circumstances beyond our control.
Using the Site or agreeing to these Terms and Conditions does not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms and Conditions will not be interpreted against us simply because we drafted them.
By agreeing to these Terms and Conditions, you waive any defense based on the electronic form of these Terms and Conditions and the absence of signatures from the parties.
To address any concerns related to the Site or to obtain additional information regarding the use of the Site, please contact us using the following contact details:
These Terms and Conditions shall be interpreted to the maximum extent permitted by law. We reserve the right to transfer any or all of our rights and responsibilities to others at any time. We shall not be held accountable or liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control.
No joint venture, partnership, employment, or agency relationship between you and us is created by these Terms and Conditions or your use of the Site. You acknowledge and agree that these Terms and Conditions will not be interpreted against us solely because we have drafted them.
You hereby waive any defenses you may have that are based on the electronic form of these Terms and Conditions and the absence of signatures from the parties involved in executing these Terms and Conditions.