By accessing or using this website, service, or any other service made available by Animated Child, Inc., (together, the "Service"), however accessed, you agree to be bound by these terms of service ("Terms of Service"). The Service is owned, controlled or operated by Animated Child, Inc ("Animated Child"). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Service.
The following Terms of Service apply when you view or use our website located at animatedchild.com. Please review the following terms carefully. By accessing or using our system or services, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Service.
RELEASE OF LIABILITY
Animated Child requires its Service users agree to a release of liability. Please refer to the Animated Child's Release of Liability (found here: https://www.animatedchild.com/page/release-of-liability). When you access or use the Service, you signify your agreement to this Release of liability.
ABOUT THE SERVICE
The Service allows you to explore our site and offerings, register your family, and search for enrichment activities. We also provide enrichment services, camps, birthday parties and other services as offered at our facility or other locations.
REGISTRATION: RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Animated Child. You agree to notify us immediately of any unauthorized use of your password and/or account. The Animated Child will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
(last updated 07/01/2017) Registrations serve as a legally binding agreement (hereinafter "Contract") between Animated Child, Inc. (hereinafter "Animated Child") and individual making reservation online (hereinafter "Customer.") This Contract shall be effective from the registration completion to the end of the registered activities. Customer is accountable for any person accompanying Customer (hereinafter "Guest.")
Reservation Deposit: A sum payable as a first installment as a pledge for a contract, the balance being payable later. Your deposit payment is based upon the price established in the registration. Deposit is applied to the full cost of services.
Balance Payment: Balance payment is due on Mondays or the first date of service. Full payments are expected, regardless of attendance, on the scheduled event date. A balance invoice will be emailed with the amount and due date. A late fee of $10.00 will be assessed if payment is not received by the close of business on Tuesday. If it is your need or choice to pay tuition later in the week, please include the $10.00 late fee. If your account has a balance of $30.00 or more, a $10.00 per day late fee will be charged and continue to accrue weekly until the tuition is paid in full. A service charge of $40.00 is charged for returned checks. If two or more checks are returned on an account, payment must be made with credit, cash, money order or bank certified check. Post-dated checks are not accepted. Outstanding balances may be required to be paid in full at any time regardless of account status. If early contract termination and/or a change to the contract are required, the parent/guardian must provide 30 days advance notice in writing. If no early notice is given, parent/guardian WILL BE RESPONSIBLE FOR FULL PAYMENT for the next 30 days. An early termination fee equal to promotional value will apply if you end your commitment before the contract end date and you are entering this agreement with a discounted rate or promotion.
Memberships: Memberships are provided to our most valued customers. Each month the membership code is renewed providing access to classes or sessions for the next month. This code is associated with the account of the Customer who is responsible for the membership. If membership codes are used to register for classes, camps or any other session in the future, the membership must stay current until the last day of the month when the registered class, camp or other session occured. Animated Child and Customer will agree that this is a commitment by the Customer to extend membership to this date. Each membership requires a 3 month commitment. An early cancelation fee will be charged based on the difference of the face value of classes, camps or other sessions used in conjunction with the membership. Class memberships are based on a one class per week structure. Additional classes and activities may be offered as part of the weekly class offering on a limited basis.
Inclement Weather: Please check this website (specifically the location reserved) by 5:45 am for delays or closures. We reserve the right to reschedule reserved events in cases of weather events where reserved facilities are operating and local schools are closed.
Health & Medical Treatment Parent authorizes center to obtain immediate medical care if any emergency occurs when the parent cannot be located immediately, this including but not limited to transportation to the emergency room. Parent agrees to pay all costs and expenses incurred in connection with any medical care provided to the Child, including costs of transportation. We follow county school system illness policy, we have trained personnel on staff to perform Daily Health Observation and reserve the right to call parents if child is ill without fever. When contacted, parent will arrange to have child picked up as soon as possible. Parents agree to inform the center within 24 hours or the next business day after his child or any member of the immediate household has developed a reportable communicable disease, as defined by the State Board of Health, except for life threatening diseases which must be reported immediately. Parent agrees to the posting of child-specific allergy information in the center where meals/snacks are prepared.
Conduct and Discipline: Animated Child is committed to providing a safe and positive environment. To ensure this, Customers are expected to immediately report any personal offenses or threatening situations to the Director or office. Customers and/or Guest should not bring personal items that cannot be replaced. Animated Child will not be held responsible for lost, stolen or damaged items (ie: personal entertainment devices, video games, cell phones, clothing, blankets, sheets, storage containers, books, toys, etc.) Customer agrees to be financially responsible for replacing any damaged or broken materials and/or equipment damaged by Customer or Guests.
Late Fees: Each of the programs end at the times listed on the registration. Pick-up after these times will incur a late fee based upon the following fee schedule: $1.00 per min./per child.
Construction: Words and phrases in this Contract shall be constructed as in the singular, plural number, and as masculine, feminine or gender neutral according to context. In correct tenses, prefixes or other grammar usage will not be used as a reason for Contract termination by Customer.
Severability: If any provision of this Contract is found invalid, the parties agree to severe the invalid portion of the Contract while the remainder of Contract remains valid and enforceable.
Binding Effect: This Contract shall be binding on and shall endure to the benefits of the parties and to the executors, personal representatives, heirs, and successors of the parties.
Amendment, Modification, Waiver: Except for changes initiated by Animated Child as permitted in this Contract, no amendment, modification, or waiver of any condition, provision, or term in this Contract shall be valid or of any effect unless made in writing, signed by the parties and specifying with particularity the extent and nature of such amendment, modification, or waiver.
Governing Law: This Contract shall be construed and enforced in accordance with the laws of Virginia.
Merger: Prior agreements made by the parties are deemed to be merged into this Contract.
Animated Child reserves the right to change terms and conditions of this Contract, including but not limited to fees and fines by providing Customer written notice two weeks in advance of such changes. Notification will be provided on the website www.animatedchild.com and on this page. Animated Child reserves the right to cancel this Contract at any time, without notice. Customer has read all policies, rules, and agreements and agrees to abide by them when present at Animated Child and Animated Child events. By agreeing to this Contract the Customer has understood and agreed to the terms and conditions of the Contract. Breach of this Contract in any way by the Customer may result in termination of services. This Agreement or the rights and duties hereunder may be transferred, assigned, pledged or delegated by Animated Child to an affiliate without the prior written consent.
CLASS INFORMATION, AVAILABILITY AND PRICING.
Most Animated Child memberships and classes displayed are available through online registration or at select Animated Child locations. We have made every effort to display as accurately as possible the classes, locations, and other information that appear through this Service. However, we cannot guarantee that all information though this Service will be accurate. In some cases, classes displayed as available on this Service may not be available at some locations. The prices displayed are quoted in U.S. Dollars and are valid and effective only in the United States. In the event a class is listed at an incorrect price or location due to typographical error or other error, Animated Child shall have the right to refuse or cancel any registrations for enrollment placed for a class listed at the incorrect price. Animated Child shall have the right to refuse or cancel any such registrations whether or not the registration has been confirmed and your credit card charged. If your credit card has already been charged for the registration and your registration is canceled, Animated Child shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances: post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive on this Service or any other medium; use the service for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another user's account without permission; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Service; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; create derivative works from; reverse engineer; decompile; disassemble; assist or encourage any third party in engaging in any activity prohibited or publish or link to malicious content intended to damage or disrupt another user's browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Animated Child, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows: You are solely responsible for your account and the activity that occurs while signed in to or while using your account; You will not post information that is malicious, false or inaccurate; You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Animated Child is not responsible for any public display or misuse of your User Content. Animated Child does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Animated Child, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Animated Child does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Animated Child adopt nor endorse, nor is Animated Child responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Animated Child. Animated Child takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will Animated Child be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
Though Animated Child strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. Animated Child reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.]
Animated Child shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at firstname.lastname@example.org.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Animated Child may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. Animated Child has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Animated Child, and Animated Child is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Animated Child. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Animated Child respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Animated Child has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. Animated Child may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Company's designated copyright agent at:
Animated Child ATTN: Copyright Agent
5167 Waterway Drive
Montclair, VA 22025
The date of your notification; A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description 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; A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature; A description of the content that has been removed and the location at which the content appeared before it was removed; A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Animated Child copyright agent, Animated Child may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Animated Child's discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Animated Child a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Service, contents of the site, or any related software. We reserve all rights that are not expressly granted to you under this Agreement.
The use of our trademarks or names in metatags and/or hidden text is strictly prohibited. The use of our trademarks or names in metatag keywords is trademark infringement, and the use of our trademarks or names in page text, metatags, and/or hidden text forpurposes of gaining higher search engine ranking is prohibited.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's e-mail and messaging system, will not constitute legal notice to Animated Child or any of its officers, employees, agents or representatives in any situation where notice to Animated Child is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Animated Child in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that Animated Child provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about Animated Child and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com or mail to the following postal address:
Animated Child ATTN: Opt Out
5167 Waterway Drive
Montclair, VA 22025
Opting out may prevent you from receiving messages regarding Animated Child or special offers.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANIMATED CHILD, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANIMATED CHILD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
MODIFICATION OF TERMS OF SERVICE
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Animated Child's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Animated Child. No purported waiver or modification of this Agreement by Animated Child via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Word and/or phrase construction in this Terms of Service shall be constructed as in the singular, plural number, and as masculine, feminine or gender neutral according to context. Incorrect tenses, prefixes or other grammar usage will not be used as a reason to hold any part or section of this Agreement invalid or unenforceable. Any failure on the part of Animated Child to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Animated Child must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Virginia, without regard to conflict of law provisions.