Welcome to the Internet site(s) of Animal U, Inc.(“AUI“). AUI and any and all entities that control, are controlled by, or are affiliated with or under common control of AUI are collectively referred to herein as “we,” “us” or “our”.
2.USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content“) contained on AUI Site(s) are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the AUI Site(s) or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any AUI Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the AUI Site, except that where an AUI Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and© do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of AUI Sites is prohibited.
In the event that we offer downloads of software on an AUI Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an AUI Site for our review or display, including the AU Underground Concert Series, and possible specifically-defined consideration or compensation (collectively, “Consideration“) (such as prizes or other value in games, sweepstakes, contests and promotions, and/or publicity as in the AU Underground Concert Series); and (b) that you Distribute on or through any AUI Site for which you do not seek Consideration (such as in our Customer Services and in Public Forums (as defined below in Section 6, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any AUI Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. WE THEREFORE ASK THAT YOU NOT DISTRIBUTE ANY UNSOLICITED SUBMISSION. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
4.LICENSES AND REPRESENTATIONS
Except as outlined in 4A, Submissions of Musical Compositions for the AU Underground Concert Series, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on AUI Sites, on third party web sites, and physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License“).
To the extent that we solicit Submissions through features or activities on or through AUI Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
4A. Submissions of Musical Compositions
Animal U, Inc. does not claim any ownership rights in the musical works submitted in response to our solicitation of content for the AU Underground Concert Series, (collectively, “AUU Content”). After submitting your AUU Content to Animal U, Inc., you continue to retain any such rights that you may have in your AUU Content, subject to the limited license herein. Submitting AUU Content to Animal U, Inc. does not guarantee Animal U, Inc. will use such AUU Content. By submitting for possible use any musical work to Animal U, Inc., you hereby grant to Animal U, Inc. a limited license to use, modify for time constraints, and publicly display on BigAnimalOnCampus.com that work, including without limitation distributing part or all of the Animal U, Inc. website in any media formats and through any media channels. This limited license does not grant Animal U, Inc. the right to sell or otherwise distribute your AUU Content outside of Animal U, Inc. Upon written notification from you, we will remove your AUU Content from the Animal U, Inc. website. We will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Written requests to remove AUU Content should be sent via certified mail to: Animal U, P.O. Box 58061, Jacksonville, FL 32241.
The license you grant to Animal U, Inc. is non-exclusive (meaning you are free to license your AUU Content to anyone else in addition to Animal U, Inc.), fully-paid and royalty-free (meaning that Animal U, Inc. is not required to pay you for the use on Animal U, Inc. of the AUU Content that you post), and worldwide (because the Internet and Animal U, Inc. are global in reach).
You represent and warrant that: (i) you own the AUU Content posted by you on or through Animal U, Inc. or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your AUU Content on or through Animal U, Inc. does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any AUU Content posted by you on or through Animal U, Inc.
To the extent that any Submissions you Distribute on or through AUI Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
5.CONTENT OF ANIMAL U, INC.
Content of Animal U, Inc. (“Animal U, Inc. content”). Animal U, Inc. content is protected by copyright, trademark, patent, trade secret and other laws, and Animal U, Inc. owns and retains all rights in the Animal U, Inc. content and Animal U, Inc. Animal U, Inc. hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Animal U, Inc. content (excluding any software code) solely for your personal use in connection with viewing the Animal U, Inc. website and using Animal U, Inc. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Animal U, Inc.
Some services on the AUI Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data“). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at Member Services, Animal U, Inc., P.O. Box 58061, Jacksonville, FL 32241 of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any AUI Site. In addition, you agree to exit from your account at the end of each session.
7.PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of any AUI Site that offers the opportunity for users to Distribute Submissions for viewing by one or more AUI Site users, including but not limited to chat areas, clubs and other organizations, white boards, instant messaging, profile pages, blogs and electronic greetings and gifts.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any AUI Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you or others distribute.
8.RULES OF CONDUCT
The following Rules of Conduct apply to the AUI Sites. By using the AUI Sites, you agree that you will not Distribute any Submission that:
1.(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2.is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3.infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or© any confidentiality obligation;
4.is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5.contains a virus or other harmful component, or otherwise tampers with, impairs or damages the AUI Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the AUI Sites; or
6.(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or© is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
9.COOPERATION; REMOVAL OF SUBMISSIONS
10.CONTENT ACCESSIBLE THROUGH LINKS FROM AUI SITES AND SEARCH RESULTS
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO AUI SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY AUI SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY AUI SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
AUI Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
NOT A REAL UNIVERSITY. Animal U is not a real university. It is not accredited by any accreditation service, and has no standing to bestow legitimate Degrees upon any of its users. Credit hours earned and degrees awarded on BigAnimalOnCampus.com are for entertainment purposes only and should not be held out as proof of educational achievements for any purpose whatsoever.
The content of AUI Sites is intended for entertainment purposes only.
13.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY AUI SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN AUI SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY AUI SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO AUI SITES OR CHANGE THE AUI SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
14.JURISDICTIONAL AND VENUE ISSUES
Supply of goods, services and software through AUI Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through AUI Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through AUI Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
16.CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent: Service Provider: AUI Name of Agent Designated to Receive Notification of Claimed Infringement: Marsha E. Garcia Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 58061, Jacksonville, FL 32241 E-Mail Address of Designated Agent: legal@BigAnimalOnCampus.com
To be effective, the notification must be a written communication that includes the following:
1.A physical signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4.Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any AUI Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
8.Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
9.A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
10.Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which AUI may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
18.ASSIGNMENT You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of AUI. Any attempted assignment in violation of this Section will be null and void and of no force or effect. AUI may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
19.ENTIRE AGREEMENT This Agreement constitutes the entire and exclusive understanding and agreement between you and AUI regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and AUI relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the AUI Site.
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