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Terms and Conditions

These terms and conditions outline the rules and regulations for the use of our website and services. Your access to and use of the Animera website is conditional upon your acceptance of and compliance with the terms, conditions, notices, and disclaimers contained in this document. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions stated on this page, you may not access the Service.

1. Use of Service

You are granted a non-exclusive, non-transferable, revocable license to access and use Animera strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

2. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

3. Prohibited Uses

You are prohibited from using the site or its content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information.

4. Intellectual Property and Ownership of Materials

The Service and its original content, features, and functionality are and will remain the exclusive property of Hyperpixel Studio and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.

The Animera logo is copyright of Animera and may not be used in connection with any product or service that is not Animera, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Animera.

The contents of the Animera website, including the text, images, audio, and video, are copyright and should not be distributed, linked, modified, reproduced, or used, in whole or in part, without prior written consent from Animera.

5. Disclaimer of Warranties

The Service and all content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied. Animera, Hyperpixel Studio, and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Animera does not warrant that:

  • a) The functions contained in any content or your access to the site will be uninterrupted, secure, or error-free.
  • b) Any defects will be corrected.
  • c) The site or the server which stores and transmits content is free of viruses or any other harmful components.
  • d) The results of your access to the site or any content will be correct, accurate, timely, complete, or reliable.

You (and not Animera) assume the entire cost of any necessary verification, maintenance, repair, and correction of any relevant content.

6. Limitation of Liability

Under no circumstances (including but not limited to any act or omission on the part of Animera) will Hyperpixel Studio, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages or loss of profits whatsoever, resulting from your access to, use of, or inability to access or use the Service or any content.

You expressly acknowledge and agree that Animera does not exert control over other users of the website and is not liable either for their opinions or their behaviour, including any information, advice, defamatory statements, or offensive conduct.

7. Release and Indemnification

You hereby waive, release, forgive, discharge, and relinquish any and all claims that you may have against Animera, its owner, employees, agents, and representatives which are connected with, arise out of, relate to, or are incidental to any transaction.

You hereby agree to indemnify, defend, and hold Animera and Hyperpixel Studio, its owner, employees, agents, and representatives harmless from and against any and all claims, loss, damage, tax, liability, and/or expense that may be incurred arising out of or in connection with your use of the Animera website, your violation of these Terms & Conditions, or your infringement of any intellectual property or other right of any person or entity.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including if we believe that customer conduct violates applicable law or is harmful to our interests.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law provisions. You and Animera agree to submit to the exclusive jurisdiction of the courts of the State of Queensland. If any provision of these Terms is held by a court to be invalid or unenforceable, such provision shall be construed as nearly as possible to reflect the intentions of the parties, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

11. Contact Us

If you have any questions about these Terms, please contact us by visiting this page on our website: https://www.hyperpixelstudio.com