THE INFORMATION WE COLLECT
Account Registration and Visitor Provided Information: Some of our online and mobile activities, such as polls, sweepstakes and promotions, may ask for an e-mail address and possibly a first name so that we may respond to visitors' requests. Other activities may require account registration, which may request information such as a screen name, password, e-mail address, age, contact preferences, website interests, and other profile information. E-mail addresses collected for account registration are used to confirm the creation of an account and are stored in a protected format that doesn't identify the individual. The e-mail addresses are collected and stored to help specifically with account maintenance, such as retrieving a lost password.
Visitor Communications: Some areas of our website(s) may include community and enhanced interactive features, such as forums, blogs, and feedback, where visitors can post comments, chat, e-mail, or otherwise communicate with Boyer Animation Studios. These areas of our website(s) allow visitors to contact us or tell a friend about our website(s). These areas may request personal information about the visitor or other people, such as the e-mail address of the recipient. E-mail addresses provided to us for this purpose are used solely to respond to the visitor's request and are deleted from our system once the message is sent.
Social Media and Interactive Features: If you use social media platforms and third-party plug-ins in connection with our website(s), the third parties who provide those features may be able to collect, use and make public information about you and activity on our website(s), depending on privacy settings and in accordance with the social media platform privacy and other policies. We recommend that visitors review these third-party privacy policies for more information about their information practices.
Parents, Guardians, Adults and Teens: For certain activities, such as community features where visitors can post comments and chat with others, we may ask for the e-mail address of a parent or guardian of a child under 13 or take other actions so that we can let the parent or guardian know about the child's participation in the activity or ask for the parent or guardian's permission for the child to participate in that activity. On certain website(s) or portions of a website(s) with activities directed to an older audience, we may collect additional information from some visitors such as a full name, address, e-mail address, telephone number, or other information related to the activity such as their cable, satellite provider or other affiliation. Similarly, certain website(s) or portions of a website(s) may permit some visitors to share content via social media accounts, to interact with a social media plug-in or to log on via other third party platform accounts such as those available through Facebook. When a visitor uses such social media platforms and plug-ins, some social media account information may be shared with us, such as a user name.
Purchases and Transactions: We may offer parents and other adult visitors the opportunity to make purchases, including items such as merchandise, online comic books/graphic novels, subscriptions, or to enable participation in certain interactive features. In such cases, we may require the parent or adult to provide a full name, billing and mailing addresses, e-mail address, telephone number, and a credit card number. We sometimes may solicit additional voluntary information regarding shoppers' personal shopping preferences.
Push Notifications: Visitors may choose to receive push notifications from a mobile app. Visitors can manage their push notification preferences at any time by adjusting the settings for the app on their mobile device.
HOW WE USE INFORMATION COLLECTED ON THE SITE
In addition to providing our products (e.g., merchandise, e-books, etc.), entertainment programs, and other services, we use visitors' information to fulfill their transactions and respond to their requests for content and information, such as enabling them to enter our sweepstakes or contests, to express their opinions on various topics, to play games and communicate with their friends, and to offer other features, products, programs, and services that we believe may be of interest. We also use the information we collect to support our internal operations, including personalizing content and experiences for visitors, authenticating visitors, improving and personalizing the design and content of our website(s), analyzing website(s) usage, serving contextual advertising, and managing advertising frequency. We may use the information we collect to prevent potentially illegal or offensive activities or to enforce our rights or the rights of other visitors or third parties. User generated content or information that a user who at least 18 years old submits to us may be used on TV, online or in other media; we may use contact information submitted to send legal releases and to communicate with the user about the activity and content sent to us. We also may use the information for any other purposes disclosed to visitors at the time we collect their information and/or with appropriate consent.
HOW WE SHARE INFORMATION COLLECTED ON THE SITES
Service Providers: We sometimes use agents, contractors, or other service providers to provide services on our behalf to our visitors, such as providing visitors with items they may have purchased, redeeming products (virtual or tangible), sending merchandise that visitors have ordered, or helping us administer and fulfill prizes for a promotion, contest or sweepstakes. In these cases, we require service providers to protect the confidentiality and security of personal information. We may also use reputable third parties and service providers for activities in support of internal operations, such as to perform analytics or to serve contextual advertisements.
Co-Branded Websites and Promotions: Some of our website(s), or portions of our website(s), may be jointly provided by us and a sponsor or by one or more of our business partners who may also collect or have access to some of visitors' information. In such instances, we will provide a notice at the point where the computer information is collected or upon download of the mobile app.
External Links: Our website(s) may contain links to third-party websites, services, content, and applications whose information practices may be different from ours. Following these links may allow the user to go to or interact with third party websites, services, content, and applications that may offer content or games, or conduct contests or sweepstakes that are separate from our website(s). We are not responsible for the practices of these third parties, and we recommend that visitors review their privacy policies.
With Consent: We may disclose website(s) visitors' information for any other purposes with appropriate consent or at their direction.
De-Identified and/or Aggregate Information: We may take steps to de-identify or otherwise modify the information that we collect so that it is not intended to identify you personally. We may also aggregate information about users so that such information is not intended to specifically identify any users. We may use this de-identified and/or aggregate information to provide visitors with additional or more relevant produce or service opportunities, to improve and personalize the website(s), to perform analytics and other statistical analysis and for marketing purposes. We may share this de-identified and/or aggregate information with any third parties without restriction.
OUR COMMITMENT TO SECURITY AND DATA RETENTION
YOUR CALIFORNIA PRIVACY RIGHTS & DO NOT TRACK
If you are a California resident, you may request information about practices related to disclosing your personal information to certain third parties and/or opt-out of sharing of your information with unaffiliated third parties for the third parties' direct marketing purposes, if applicable. Please send your request (along with your full name, e-mail address, postal address, and the subject line labeled "Your California Privacy Rights") by e-mail at firstname.lastname@example.org.
CONTACT US: CHOICES & QUESTIONS
Boyer Creative Enterprises LLC
P.O. Box 764
Nampa, ID 83651
If a website visitor, parent or guardian no longer wishes to have information collected by an application installed on their mobile device, they may uninstall the application by using the standard uninstall processes available on the mobile device or via the mobile application marketplace or network.
NOTIFICATION REGARDING UPDATES
Date Updated: January 21, 2020
(IMPORTANT NOTICE: THESE TERMS & CONDITIONS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 19 and 20 BELOW)
By using the Services, you are signifying your agreement with these Terms & Conditions of Use. Please read these Terms & Conditions of Use carefully before viewing the content on this website and using any Services. These Terms & Conditions of Use set forth the terms and conditions upon which you may use the Services that we provide and constitute a legally binding contract between you and Boyer Creative Enterprises LLC. If you do not agree with the Terms & Conditions of Use, or any part of them, do not use the Services, which are designed solely for your entertainment purposes. You acknowledge that these Terms & Conditions of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which you acknowledge by using the Services, including, without limitation, your enjoyment and use of the Services and all features and activities made available through the Services, your receipt of data, materials and information made available through the Services, and the possibility of our use or display of End User Content (see Section 7 below for a definition of “End User Content”). We reserve the right, in our sole discretion, to update these Terms & Conditions of Use from time to time when we deem appropriate. Changes shall become effective ten (10) days after they are posted on the Sites or within the Services (“Effective Change Date”). These Terms & Conditions of Use cannot be changed orally. Please review these Terms & Conditions of Use periodically. Your continued use of the Services following the Effective Change Date will constitute your acceptance of those updated Terms & Conditions of Use. Supplemental terms and conditions may apply to some of the Services or Software we provide and will be disclosed to you in connection with the particular Services or Software. Those supplemental terms and conditions are in addition to, not in lieu of, these Terms & Conditions of Use, but in the event of any conflict between those supplemental terms and these Terms & Conditions of Use, those supplemental terms will prevail to the extent of the conflict.
a. License to use Services: The “Services” include services we provide to you through the Sites, “Third Party Platforms” (see Section 23 below for a definition of “Third Party Platforms”), and other locations which post, incorporate by reference, or link to these Terms & Conditions of Use. Examples of the Services we may provide include, but are not limited to: audio-visual content (such as videos, e-books, and Adobe® Flash animations or other computer related animation platforms), activities, chat, blog, forums, electronic games (including games that are downloadable, in whole or in part, or playable through a browser) and mobile applications. We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion. Subject to your continuing compliance with these Terms & Conditions of Use, Boyer Creative Enterprises LLC grants you the limited, personal, non-exclusive, non-transferable, revocable right during the term to use the Services solely for your non-commercial, entertainment purposes, in a manner consistent with these Terms & Conditions of Use. All rights not expressly granted by Boyer Creative Enterprises LLC herein are reserved to Boyer Creative Enterprises LLC, and no license, permission or right of access or use not granted expressly herein shall be implied. The Services are for the personal entertainment and informational use of individual users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and businesses may not use the Services (or any related content such as characters, logos, etc.) for any purpose other than viewing for personal entertainment.
b. Access to Services: You understand and agree that Boyer Creative Enterprises LLC may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion. To use the Services, you acknowledge and agree that you may be required to (i) have a valid registered account (some features of the Services may only be accessible through creation of an account), (ii) download and install certain Software which allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Boyer Creative Enterprises LLC does not provide and which may impact your ability to access the Services from time to time for reasons outside of Boyer Creative Enterprises LLC’s control), and (iv) download and install certain third party software (“Third Party Software”) (which Boyer Creative Enterprises LLC does not provide, which may not work on your computer, game platform or mobile device, and which may impact your ability to access the Services for reasons outside of Boyer Creative Enterprises LLC’s control) and enter into a separate agreement with such third party for access to and use of such Third Party Software (such as Adobe® Flash Player).
c. Promotional Material and Advertising: The Sites and the Services may include promotional material and advertisements for third party products and services. By using the Services and agreeing to these Terms & Conditions of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Sites and the Services. You understand and agree that by clicking on a banner advertisement or link from our advertisers and sponsors, you will be taken to other sites, which are not operated by us or under our control. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third party site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
4. Third Party Software and Platforms
As part of the Services we provide, you may be able to register for an account (“Account”) and to access the Premium or Subscription Services through your Account by means of an Internet connection or a wireless network (neither of which Boyer Creative Enterprises LLC provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child. You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child. Upon registration for an Account, you must create a password (“Password”). You shall not disclose your Password to any third party or allow anyone to use your Password to access the Services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event shall Boyer Creative Enterprises LLC be held responsible for any damage that occurs to your Account or the attributes of your Account, including without limitation, personal information, preferences, rewards, or purchase history information (collectively, “Account Attributes”). Boyer Creative Enterprises LLC shall not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third party. It is also prohibited to obtain, attempt to obtain, use, or attempt to use anyone else’s password.
6. Proprietary Rights
You agree that the Sites, the Software, the Services, and all features and elements thereof (including without limitation all games, apps, objects, graphics, visual interfaces, audio, video, information, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, methods of operation, moral rights, documentation, game related software, website-related attributes, characters, logos, illustrations, text, images, computer code, programs, routines, subroutines, files, data, the scripts and software used to implement the Services) (all of the foregoing collectively “Materials”) are proprietary information and materials that are owned by Boyer Creative Enterprises LLC, its licensors, and other sources, and are protected by applicable U.S. and international intellectual property and other laws, including but not limited to copyright, trademark and patent laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or used in any manner, except as expressly permitted by these Terms & Conditions of Use. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of Boyer Creative Enterprises LLC’s or such other sources’ copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites or the Services (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, “sniff”, derive code from, or attempt to analyze, decipher, “sniff”, or derive code from any packet stream transmitted to or from the Sites or the Services, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act (DMCA). You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only. You agree to abide by all copyright notices, information and restrictions included in any Materials.
a. Communication of User-provided/Shared Content: BoyerAnimation.com may afford you and other users of this website the means to upload, share and communicate information, including without limitation, messages, notes, comments, opinions, ideas, personal photos, profiles, and (fan-based) drawings, images, videos, artwork, audiovisual works, musical compositions (including lyrics), sound recordings, or other materials or fan-based information in e-mail, chat, chat rooms, “emotes,” forum discussions, and similar user-to-user areas (collectively, “Content”). As to sharing any Content in this website, you agree that you are responsible for your User-provided/Shared Content, that you have the right to post any User-provided/Shared Content that you submit through the website services, and that any User-provided/Shared Content you communicate or cause to be communicated shall not: (i) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (ii) violate any law, rule or regulation; (iii) be defamatory, indecent, obscene, pornographic, harmful to minors, or otherwise inconsistent with Section 8 below; or (iv) contain any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any Services, data, information, packets, or personally identifiable information. You agree that we may review, edit and delete any User-provided/Shared Content for any reason, including, in our sole judgment, that the User-provided/Shared Content violates these Terms & Conditions of Use. Further, you acknowledge and agree that we may take any action we deem appropriate as to any User-provided/Shared Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the Services. NOTE: As detailed in Section 9 below, Boyer Creative Enterprises LLC does NOT accept unsolicited creative submissions for use in its stories, illustrations, animations or any other related production processes. All fan-based User-provided/Shared Content is solely allowed in fan group online forums for display with the sole purpose and intentions of personal entertainment within the fan group of any existing Boyer Creative Enterprises LLC copyrighted characters or storylines and may not be shared or displayed outside the Site forums without express written permission of Boyer Creative Enterprises LLC.
b. Display of User-provided/Shared Content: You acknowledge and agree that you must evaluate, and bear the risk associated with, the accuracy, completeness, rights or usefulness of any User-provided/Shared Content. You agree to whether or not Boyer Creative Enterprises LLC may display your User-provided/Shared Content materials provided to us on our website are used by us in any manner. Boyer Creative Enterprises LLC reserves the right, but does not undertake the responsibility, to remove User-provided/Shared Content at any time that it deems to be harmful, offensive, or otherwise in violation of these Terms & Conditions of Use. Without limitation of any of its other rights, Boyer Creative Enterprises LLC shall have the right to display and publish any information associated with your User-provided/Shared Content, (for example, ideas for characters or stories and the like) without any prior notification to you and without any compensation or any form of recompense whatsoever. Boyer Creative Enterprises LLC also reserves the right to invoke the “safe harbor” provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Sites and Services. Please be advised that User-provided/Shared Content posted in public areas of the Services does not necessarily reflect the views of Boyer Creative Enterprises LLC. In no event shall Boyer Creative Enterprises LLC assume or have any responsibility or liability for any User-provided/Shared Content posted or for any claims, damages or losses resulting from the use of and/or appearance of User-provided/Shared Content on the Services.
c. In-Site Communications: You understand that you have no expectation of privacy regarding the communications you make in connection with the Services, including, without limitation, through private in-game messaging, open “chat,” chat rooms, forums, message boards, profile pages, blogs or email functions (including contact us/feedback forms) and that Boyer Creative Enterprises LLC representatives may monitor all communications made by or received from you. You understand that you should never provide any private or personally identifiable information to any other user and will not hold Boyer Creative Enterprises LLC responsible for the consequences of any such disclosure by you. Further, you understand that in using the Services, you may encounter and converse with people who are rude, offensive or belligerent and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to Boyer Creative Enterprises LLC, and we will take such measures as we, in our sole business judgment, determine are reasonable when such behavior violates these Terms & Conditions of Use. However, Boyer Creative Enterprises LLC does not warrant that you will be free from the behavior of others you may deem insulting, demeaning, offensive, threatening or harassing while you use the Services. If Boyer Creative Enterprises LLC chooses not to take any action against an website user, takes an action with which you do not agree or is unable to take any action for any reason, in no event shall Boyer Creative Enterprises LLC be liable to you or any third party for any incidental or consequential damages (however arising, including negligence) or emotional distress, arising out of or in connection with your Account or your use of this website and its Services, even if any of the same have knowledge of the possibility of such damages. By continued use of this website, which assumes agreement of the Terms & Conditions of Use of this website and its Services, Boyer Creative Enterprises LLC assumes no liability for third party actions beyond our control.
8. Rules of Conduct
In connection with your Terms & Conditions of Use of the Services, you agree to adhere to the following rules of conduct:
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b. Boyer Creative Enterprises LLC may review, edit, reject, or delete any User-provided/Shared Content that in the sole judgment of Boyer Creative Enterprises LLC violates these Terms & Conditions of Use, is offensive or illegal, or might violate the rights of, harm, or threaten the safety of any person.
c. You may not post or transmit User-provided/Shared Content (even if made in a joking, sarcastic or unintended manner) that:
● is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
● harasses or advocates harassment of another person;
● involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
● promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
● infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
● promotes an illegal or unauthorized copy of another person’s copyrighted work (see Section 10 below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
● contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
● provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
● provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
● contains unauthorized video, photographs, or images of another person;
● tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
● engages in commercial activities or sales without Boyer Creative Enterprises LLC’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Services. (In these Terms & Conditions of Use, Boyer Creative Enterprises LLC’s “prior written consent” means a communication coming from Boyer Creative Enterprises LLC, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization);
● solicits gambling or engages in any gambling activity which Boyer Creative Enterprises LLC, in its sole discretion, believes is or could be construed as being illegal;
● contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
● falsely reports abuse or violation of these Terms & Conditions of Use by any person;
● interferes with another user’s use and enjoyment of the Services or any other individual’s use and enjoyment of similar services; or
● refers to any website or URL that, in the sole discretion of Boyer Creative Enterprises LLC, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms & Conditions of Use.
Boyer Creative Enterprises LLC reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms & Conditions of Use, including without limitation, removing the offending communication in whole or in part from the Services, suspending or terminating the subscription of such violators and/or suspending or terminating their right to use and access the Services.
d. You may not use any of your own or any third party software to modify the Services or create any other means through which the Services may be accessed or used by others, for example, through server emulators, whether for profit or not. You may not use macros or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the Services to illegally acquire any beneficial gains.
e. You must use the Services in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized uses of the Services, including without limitation, collecting usernames or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Services, as well as attempting to gain unauthorized access to the Services or exceeding your authorized access.
f. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Boyer Creative Enterprises LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
g. You may not transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell or auction, any game content, including (without limitation) copyrighted original characters, stories, logos or any other BoyerAnimation.com website attributes are deemed “prohibited transactions”. You may not engage in any prohibited transaction, or encourage or induce any other user to participate in such a prohibited transaction. The buying, selling, transferring or auctioning of copyrighted characters, stories, etc., whether through online auctions (for example eBay or other third party brokerage sites), newsgroups or postings on message boards, and/or any offer or attempt to do so, constitutes a violation of these Terms & Conditions of Use. In addition to violating these Terms & Conditions of Use, selling and buying of Boyer Creative Enterprises LLC copyrighted characters, stories, etc. or any other website attributes, is a violation of Boyer Creative Enterprises LLC’s intellectual property rights. Moreover, engaging in conduct prohibited by this section may also constitute misappropriation, tort interference with our business or contracts, false designation of origin, endorsement or sponsorship of such trafficking, and tarnishing of the goodwill associated with our business practices.
9. Unsolicited Creative Submissions / Communications
Aside from providing a forum from users to share creative fan-based content for sharing and fan group discussion, Boyer Creative Enterprises LLC does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by Boyer Creative Enterprises LLC or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission or infringement of Boyer Creative Enterprises LLC intellectual property). Therefore, please do not send any unsolicited submissions to Boyer Creative Enterprises LLC. From time to time, areas on the Sites may expressly request submissions of concepts, stories, artwork, audiovisual works or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Sites to govern those Invited Submissions, as they will affect your legal rights. If no such additional terms and conditions are presented, then these Terms & Conditions of Use will apply in full to any Invited Submissions you make and Invited Submissions shall be treated as “User-provided/Shared Content.” In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials shall not be subject to any obligation of confidence on the part of Boyer Creative Enterprises LLC, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that Boyer Creative Enterprises LLC shall not be liable for any use or disclosure of any such material.
10. Copyrights and Copyright Agent
Boyer Creative Enterprises LLC respects the rights of all copyright holders and in this regard, Boyer Creative Enterprises LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and users who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Boyer Creative Enterprises LLC the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations; (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 Boyer Creative Enterprises LLC to locate the material; (4) Information reasonably sufficient to permit Boyer Creative Enterprises LLC to contact the complaining party; (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.
For copyright inquiries under the DMCA please contact:
Boyer Creative Enterprises LLC
Attn: Copyright Information
P.O. Box 764
Nampa, ID 83651
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. For general inquiries about Boyer Creative Enterprises LLC or the Sites, go to our online feedback section at www.boyeranimation.com/contactus.html. In the event that we determine that you have repeatedly uploaded or otherwise posted material that infringes the intellectual property of others, we are required by Federal statute to terminate your access to our website(s).
12. Contests and Sweepstakes, and Other Activities
Boyer Creative Enterprises LLC may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by Boyer Creative Enterprises LLC and/or in conjunction with third parties. These Terms & Conditions of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms & Conditions of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms & Conditions of Use.
The “Term” of your rights and licenses for a given Service commences on the date that you use this website, download the applicable Software or commence using the applicable Services and ends (i) on the date that you cease using the website and/or applicable Services, (ii) the date that Boyer Creative Enterprises LLC terminates your use of, or ceases to provide, the applicable Services, including by closing your Account(s), or (iii) immediately and automatically if you or anyone using your Account(s) fail to comply with these Terms & Conditions of Use. Termination by Boyer Creative Enterprises LLC under this section shall be without prejudice to or waiver of any and all other rights or remedies which Boyer Creative Enterprises LLC may have, all of which are expressly reserved, shall survive termination, and shall be cumulative. Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services, or portions thereof, if you are, or we suspect that you are, failing to comply with any of these Terms & Conditions of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. In such event, you may lose all benefits, privileges, and Account Attributes associated with your Account and your use of the Services, and we are under no obligation to compensate you for any such losses or results. Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of our (and/or third party) intellectual property rights. You understand and agree that Boyer Creative Enterprises LLC shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you. You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services. If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination. In the event of such termination or expiration, all Account Attributes associated with your Account will be lost. You hereby understand and acknowledge that there is no guarantee that Boyer Creative Enterprises LLC shall continue offering access to its Services, in whole or in part, on a going-forward basis. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time using the Services. You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes (such as your subscription) were they to be sold. Nor is Boyer Creative Enterprises LLC liable for any emotional distress you may suffer as a result of loss of your Account/Account Attributes in the event that either your account or the Services, in whole or in part, are terminated. Upon expiration or termination of this agreement and your use of the Services, in whole or in part, for any reason, any applicable licenses and rights granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using any applicable Services and Software (such as online games) and (ii) uninstall your copy of any applicable Software. You may uninstall your copy of the Software (if applicable) through one of the following methods: (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer/mobile device and follow the instructions to remove the applicable Software.
The appearance of Web sites or external hyperlinks on the Services does not constitute endorsement by Boyer Animation Studios LLC, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Boyer Creative Enterprises LLC does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, Boyer Creative Enterprises LLC is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. Neither Boyer Creative Enterprises LLC nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall Boyer Creative Enterprises LLC assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, Boyer Creative Enterprises LLC will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites. Boyer Creative Enterprises LLC provides certain hyperlinks to external websites, such as links to charitable organizations that Boyer Creative Enterprises LLC endorses or character/story specific news article links. Boyer Creative Enterprises LLC welcomes sharing links to our website(s), providing the host website is deemed appropriate in relationship with Boyer Creative Enterprises LLC’s mission and vision statement. You may establish a link to our website, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Boyer Creative Enterprises LLC, its affiliates, or any group or individual affiliated with Boyer Creative Enterprises LLC. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the BoyerAnimation.com and www.Code21Comics.com websites (or future owned sites), including but not limited to any logos or characters, without the express written consent of Boyer Creative Enterprises LLC or other owner(s) of the trademark(s) or copyright(s). You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Boyer Creative Enterprises LLC’s prior written consent.
15. Disclaimers (PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS)
16. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE BOYER CREATIVE ENTERPRISES LLC PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE BOYER CREATIVE ENTERPRISES LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE BOYER CREATIVE ENTERPRISES LLC PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. U.S. Export Controls
The Products and Services made available on this website are further subject to United States export controls and economic sanction requirements. No Products (virtual or tangible) and/or Services software may be downloaded or purchased from the Sites or Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing, downloading or using the software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Governing Law
The Materials and all other content and features on the Sites and Services are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Idaho applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. The Services are controlled and operated by Boyer Creative Enterprises LLC from its offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. Boyer Creative Enterprises LLC makes no representation that Materials and User-provided/Shared Content on the Services are appropriate or available for use in any particular location. Boyer Creative Enterprises LLC makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
19. Disputes/Arbitration (PLEASE READ THIS SECTION CAREFULLY– IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, including your right to file a lawsuit in court)
For residents outside the United States, arbitration shall be initiated in Canyon County, Idaho, and Boyer Creative Enterprises LLC and you agree to submit to the personal jurisdiction of any state or federal court (nearest to) Canyon County, Idaho to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall be conducted by a single arbitrator selected by of Boyer Creative Enterprises LLC (or its legal representative). Boyer Creative Enterprises LLC shall bear the cost of any initial arbitration filing fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Boyer Creative Enterprises LLC is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Boyer Creative Enterprises LLC and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Boyer Creative Enterprises LLC and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms & Conditions of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Boyer Creative Enterprises LLC and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Boyer Creative Enterprises LLC and you understand that, absent this mandatory arbitration provision, Boyer Creative Enterprises LLC and you would have the right to sue in court and have a jury trial. Boyer Creative Enterprises LLC and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. You may choose to pursue your claim in small claims court where jurisdiction and venue over Boyer Creative Enterprises LLC and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief. You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: Boyer Creative Enterprises LLC, Attn: Business Services, P.O. Box 764, Nampa, ID 83653, E-mail: email@example.com. The notice must be sent within the later of 30 days of your first use of the Site(s) or Services or within 30 days of changes to this section being announced on the Site(s) or Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Boyer Creative Enterprises LLC also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms & Conditions of Use and any changes/updates to this section or otherwise. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Boyer Creative Enterprises LLC and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Boyer Creative Enterprises LLC to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
20. Class Action Waiver (PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS)
Boyer Creative Enterprises LLC and you agree that Boyer Creative Enterprises LLC and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms & Conditions of Use in connection with the Sites or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Boyer Creative Enterprises LLC and you further agree that Boyer Creative Enterprises LLC and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms & Conditions of Use or in connection with the Sites or Services. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in (or nearest to) Canyon County, Idaho, USA. The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of Boyer Creative Enterprises LLC to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
You agree, to the fullest extent permitted by law, to indemnify, defend (at our election) and hold harmless Boyer Creative Enterprises LLC, its parents, subsidiaries and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys’ fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms & Conditions of Use, your use of the Sites or Services, or your Account(s). Boyer Creative Enterprises LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Boyer Creative Enterprises LLC in asserting any available defenses.