Terms of Service
These Terms of Service compose the complete agreement between you and Moka Studio with respect to Animstreet. They supersede any prior or contemporaneous oral, written or electronic agreements, communications or proposals between you and Moka Studio with respect to Animstreet. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
A User is any individual accessing Animstreet;
The Content is any material present on Animstreet. It may be for example (but without limitations) a text on a web page, an image, a logo, a blog post, a forum message, a video, an animation, an audio clip, a file, a written forum comment, data, text, an illustration, a photograph, software, a script, graphics or a work of authorship;
A Submission is any Content submitted or uploaded by a user;
A File Product is any Submission (uploaded by a Seller, see below) present on Animstreet in order to be distributed or to be sold as a file;
A seller is any user uploading any Submission to Animstreet in order to distribute or sell it.
A Buyer is any user buying a File Product on Animstreet.
An Incorporated File Product is any File Product which cannot be used as a stand-alone File Product without being extracted from a software by using decompilation, disassembling or reverse engineering techniques or tools. An Incorporated File Product may not be used to permit further distribution of the File Product without the software in which it is bundled.
A File Product Presentation is any Submission related to a File Product and providing information about this File Product.
Rules of Conduct
You shall consider any Content on Animstreet as being public and non-reviewed by Moka Studio. By using Animstreet, you acknowledge that you respect these Terms of Service and that you will not take (or help any third party) any action that could harm Moka Studio, Animstreet, its affiliates, their respective directors, officers, employees, shareholders, partners and agents or its users in any manner. In particular (but without limitations), you will not access, upload, download, display, distribute or publish any Content that:
- is false or inaccurate;
- violates or infringes the rights of any other person or entities according to the Swiss law or any other law that may apply;
- is illegal or that advocates illegal acts or facilitates unlawful activity;
- is threatening, intimidating, suggesting violence, hatred or discrimination;
- is religious, political, defamatory, abusive, obscene, profane, pornographic or sexually explicit;
- is similar to bulk mail, junk mail or "spamming";
- hides, disguises, misrepresents or impersonates the identity of any person including any employee or representative of Moka Studio;
- contains any program that is intended to interfere with the proper behavior of Animstreet;
Furthermore, you shall not:
- Try to obtain unauthorized access to Animstreet or any third party;
- Try to access Animstreet in a way that could imply a large load on Animstreet's infrastructure;
- Try to modify, limit or interfere with Animstreet proper behavior;
- Try to bypass or interfere with any security systems on Animstreet;
- Try to access source code, algorithms, ideas or secrets of any part of Animstreet by any direct or indirect means such as (but not limited to) decompilation, disassembling or reverse engineering.
You will be asked to sign in for a user account to access specific services of Animstreet. You shall provide information that is accurate and complete and that respects the Rules of Conduct. Moka Studio reserves the right to refuse the creation of, ban or delete any user account at its sole discretion. You shall take all possible measures to keep your account safe and protect all confidential information related to your account. You shall notify Moka Studio, SARL immediately of any unauthorized use of your account or other breach of security. You agree to endorse all the responsibility for all activities occurring on your account.
Fees and Credits
Specific services require the payment of fees or the use of credits to be accessible. Credits can be purchased online from Animstreet. You shall pay all applicable fees on Animstreet.
Fees and credits prices are described and listed on Animstreet. Moka Studio may change any fees and credit prices at its sole discretion at any time upon five (5) days prior notice on Animstreet or by email. By continuing using Animstreet after this notification, you are accepting the new fees and credits prices.
You hereby agree that the content of Animstreet, provided by Moka Studio, its partners and its users, is protected by copyrights, patents, service marks, trademarks, trade secrets, know-how or other proprietary rights and laws. You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through Animstreet. You agree not to sell, license, distribute, copy, rent, modify, reproduce, transmit, publicly perform and display, publish, adapt, edit or create derivative works from or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners or other valid right, and (ii) in any way that violates any third party rights.
A seller grants to a User who either purchases license rights to a File Product, or downloads a freely available File Product submitted by the Seller, a non-exclusive, worldwide license in any media formats and through any media channels to : (i) reproduce post, promote, set prices for, or otherwise sell, publicly transform and display, digitally perform, or transmit for promotional and commercial purposes; (ii) use any trademarks, service marks or trade names incorporated in the File Product in connection with it; and (iii) use the name and likeness of any individuals represented in the File Product only in connection with it. The User License to File Products mentioned in this paragraph is limited to Incorporated File Products. Sale, distribution or any other such use of File Products that are not Incorporated File Products is strictly prohibited.
After notification by Moka Studio or if you have reasonable suspicion, you shall immediately cease using any Content that violates any copyrights or intellectual property rights and notify Moka Studio by sending an email at email@example.com
Animstreet provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "submitting") Content to Animstreet (hereafter "Submission").
By submitting Content on Animstreet, you:
(i) represent and warrant that you own or otherwise control all rights to such Submission and that disclosure and use of such Submission by Moka Studio (including without limitation, publishing content on Animstreet) will not infringe or violate the rights of any third party;
(ii) represent and warrant that you own or otherwise control all rights to such Submission and that disclosure and use of such Submission by Moka Studio (including without limitation, publishing content on Animstreet) will not infringe or violate the rights of any third party;
(iii) hereby do and shall grant Moka Studio a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Submission in connection with Animstreet and Moka Studio's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of Animstreet (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each Animstreet's User a non-exclusive license to access your Submission through Animstreet, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Submission as permitted through the use of Animstreet and under these Terms of Service. For clarity, the foregoing license grant to Moka Studio does not affect your other ownership or license rights in your Submission(s), including the right to grant additional licenses to the material in your Submission(s), unless otherwise agreed in writing;
(iv) and aknowledge that Moka Studio shall have the right to reformat, excerpt, or translate any materials, Content or information submitted by you; and that all information publicly posted or privately transmitted through Animstreet is the sole responsibility of the person from which such Content originated and that Moka Studio will not be liable for any errors or omissions in any Content; and that Moka Studio cannot guarantee the identity of any other users with whom you may interact in the course of using Animstreet.
Moka Studio does not endorse and has no control over any Submission. Moka Studio cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using Animstreet is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Moka Studio has no obligation to monitor the site, Content or Submission(s).
If you have a dispute with another User, you release Moka Studio (and its officers, directors, agents, subsidiaries, affiliates, contractors, joint ventures and employees) from claims, demands and damages, actual and consequential, of any kind and nature, known or unknown, arising out of or in any way related with such disputes.
Under no circumstances will you hold Moka Studio liable to you or any other User in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via Animstreet.
By submitting Content to Animstreet, you warrant that you comply with these Terms of Service. You also warrant that you have all the necessary rights to distribution and/or sell it. The File Product Presentation may only include Content related to the sale of the File Product. File Product Presentation must must accurately and completely describe the File Product. All compensations for any and all sales are defined by the fee and credit prices presented on Animstreet . It is strictly forbidden to alter the File Product Presentation in any way in order to avoid paying fees. All sales are final, binding and irrevocable.
Claims of Infringements
You agree to respect any Animstreet users' rights including without limitation copyright and intellectual property. If you notice an item violating your rights on Animstreet, you shall immediately contact Animstreet at firstname.lastname@example.org and provide any information that could help us resolve this case such as a link to the item that violates your rights and any proof that you are the copyright owner.
Animstreet Terms of Service Modifications
Moka Studio may revise these Terms of Service for Animstreet at any time without notice. You are responsible from reviewing these Terms of Service periodically. By continuing using Animstreet you are agreeing to be bound by the then current version of these Terms of Service.
Animstreet Maintenance, Modifications, and Errata
The content appearing on Animstreet could include technical, typographical, or photographic errors. Moka Studio does not warrant that any of the Content on Animstreet are accurate, complete, or current. Moka Studio may make changes to Animstreet's Content at any time without notice. Moka Studio does not, however, make any commitment to update the content.
Moka Studio reserves the right to add, modify, replace or delete any content, feature or service on Animstreet without prior notification.
Moka Studio and Animstreet care about the third’s party copyright by enforcing strict policies (see above). Nevertheless, Moka Studio and Animstreet cannot guarantee that all items/contents transmitted from third party respect the copyright.They have no obligation to check the copyright (no liability or responsibility). However, upon written or email notice of violation and proof of it according “Claims of Infrigements” clause, Animstreet will delete from the web site any item that violate copyright within three (3) open days. Please note that Moka Studio or Animstreet cannot forbid users who have already bought the item which violates copyright to continue to use it. Moka Studio and Animstreet are not responsible or liable.
Links and Third Party Sites
Animstreet has not reviewed the third party sites its content may link to. Animstreet is not responsible for the Content of any such third party sites. The inclusion of any link on Animstreet does not imply endorsement by Moka Studio of these third party sites. Use of any such third party sites is at the user's own risk. You agree that Moka Studio shall not be responsible or liable for any direct or indirect damages or loss consecutive to the access of any such third party sites.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on Animstreet. Computer viruses or other destructive programs may also be inadvertently downloaded from Animstreet.
Moka Studio shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on Animstreet or your downloading of any of the Content from Animstreet. Moka Studio recommends that you install appropriate anti-virus or other protective software.
Term and Termination
This agreement shall automatically terminate if you violate any of these Terms of Service and may be terminated by Moka Studio at any time without notice. If you wish to terminate this agreement, you can do so by sending an email to email@example.com containing all information to identify your User Account on Animstreet and in particular your. Upon termination of this agreement, you must destroy any downloaded Content in your possession. All fees already paid and all credits on your account are non-refundable and forfeited. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend and hold harmless Moka Studio and its affiliates, their respective directors, officers, employees, shareholders, partners and agents (collectively, the " Moka Studio Parties") from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Moka Studio Party in connection with: (i) any use or alleged use of Animstreet with your User Account by any person, whether or not authorized by you; (ii) or resulting from any communication made or Submission with your User Account; or (iii) any breach by you of this Terms of Service. Moka Studio reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Moka Studio's defense of such claim.
Limitation of Liability
IN NO EVENT SHALL MOKA STUDIO OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT ON ANIMSTREET, EVEN IF MOKA STUDIO OR AN MOKA STUDIO AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF ANIMSTREET OR ITS CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN (10.- CHF) SWISS FRANCS.
Governing Law and Use Outside Switzerland
Any claim relating to Animstreet shall only be governed by Swiss law without regard to its conflict of law provisions.
ANY DISPUTE FROM OR RELATING TO THE SUBJECT MATTER OF THIS TERM OF SERVICE SHALL BE RESOLVED ONLY BY THE COMPETENT JUDGE AT MARTIGNY (VALAIS, SWITZERLAND), PLACE OF MOKA STUDIO), WITH OPPORTUNITY OF RECURSE ACCORDING TO THE PROCEDURAL LAW APPLICABLE IN MARTIGNY.
Moka Studio has no special relationship with or fiduciary duty to you. You acknowledge that Moka Studio has no control over, and no duty to take any action regarding: (i) which users gains access to Animstreet, (ii) what Content you access via Animstreet, (iii) what effects the Content may have on you, (iv) how you may interpret or use the Content, (v) or what actions you may take as a result of having been exposed to the Content. You release Moka Studio from all liability and responsibility for you having acquired or not acquired Content through Animstreet. Moka Studio makes no representations concerning Content contained in or accessed through Animstreet, and you acknowledge that Moka Studio will not be responsible for the accuracy, copyright, compliance, legality or decency of material contained in or accessed through Animstreet.
You acknowledge that Moka Studio can not be held responsible for any actions of other Users or their Submissions.
Moka Studio does not transfer legal ownership of File Products from the Seller to the Buyer, and nothing in these Terms of Service shall modify the governing provisions of Swiss law, especially but not exclusively Swiss Civil Code (§ 641 ff), under which legal ownership of an item is transferred upon physical delivery of the item to the Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the Buyer will become the item's lawful owner upon physical receipt of the item from the Seller, in accordance with Swiss Law (§ 641 ff Swiss Civil Code).
Moka Studio cannot guarantee continuous or secure access to Animstreet, and operation of Animstreet may be interfered with by numerous factors outside of Moka Studio's control. ANIMSTREET (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MOKA STUDIO, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANIMSTREET WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH ANIMSTREET IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING ANIMSTREET WILL MEET YOUR REQUIREMENTS.
YOUR USE OF ANIMSTREET IS SOLELY AT YOUR OWN RISK. SOME COUNTRIES DO NOT ALLOW LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Animstreet is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are at least 13 years old, you are of legal age to agree to these Terms of Service or you have your parents' permission to do so, and that all registration information you submit is accurate and truthful. Moka Studio may, in its sole discretion, refuse access to Animstreet to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access Animstreet is revoked in such jurisdictions.
Moka Studio shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Moka Studio's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Moka Studio's prior written consent. Moka Studio may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law;
- We will only retain personal information as long as necessary for the fulfillment of those purposes;
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned;
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date;
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification;
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. For inquiries regarding privacy issues, please contact us at firstname.lastname@example.org.
MOKA STUDIO AND ANIMSTREET MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ANIMSTREET OR ANY WEBSITE LINKED TO ANIMSTREET.
Moka Studio will not be liable for the privacy of the information, email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Moka Studio's infrastructure, transmitted over networks accessed by Animstreet, or otherwise connected with your use of Animstreet.
You may contact Moka Studio at the following address:
Moka Studio SARL
Centre du parc
Rue Marconi, 19