Welcome to Edify by Animaker!

Date of issue of these Terms: 03,May 2017

“Edify by Animaker” (“Edify”, "Website", “Animaker Edify”) is a software product owned and operated by Animaker Inc. (“Animaker”).

Animaker is a technology company organized under the laws of the United States of America (USA), having its principal place of business at 187 East Warm Springs Road, Suite B 192, Las Vegas, Nevada – 89119, United States of America.

Animaker empowers Users for visual content creation. Animaker Users work on a drag-and-drop interface, import images and audio files, access pre-built assets/templates, create visual content, collaborate with fellow Users, download, export, host, and playback visual content. Animaker’s Website is accessible through the URL: https://www.animaker.com

Edify is a software application designed and developed exclusively for educational institutions by Animaker. Edify Website is accessible through the URL: https://edify.animaker.com

The following Terms of Use ("Terms") govern the following:

  • Use of Edify Website
  • Use of all Content, Features, Activities, Products, and Visual Content Creation Services ("Services") available at the Website.

For Users located in USA and anywhere in the world, the Services at the Website is made available and provided by Animaker.

“Student-Users” are Users who are enrolled at an educational institution and using Edify. Student-Users can also seek the help of a Super-User/Teacher to do so.

“Super-User” at Edify: Edify allows Super-Users to manage User access to Edify. Super-User could be a Teacher or a School administrator with administrator privileges over his or her group of Users/Student Users.

"User Submission" refers to the various content the User posts, uploads, shares, stores, or otherwise provides through Edify.

“Information” means identifiable information about a User collected online by Edify.

“Active Data Collection” refers to data gathered directly by Edify from Users.

“Passive Data Collection” refers to tracking of User activities by Edify through an identifying code linked to the User. This could be a “cookie,” or other “identifiers” that can be used to identify, contact, or locate a User over time and across different Websites or online Services.

“Content” means the materials displayed or performed on Edify, including, but not limited to, text, graphics, articles, photos, images, illustrations, videos, audio, music, sounds, graphics, special effects, logos, branding, information, data, flash animation, solid-state files and User Submissions.

“Assets” means the characters, actions, audio, music, voice, text, backgrounds, props, content, templates, materials and other elements that Edify makes available within its App.

“Subscription Owner” means the School, district, entity or organization that agrees to these Terms.

“Subscription Plan” means the then-current Edify subscription plan for its Users.

Parties to these Terms

Parties to these Terms are the following:

  • Users: Student Users, User’s Parents, User’s Guardians, Super-Users, Teachers, Schools, School Districts, School Administrators and School Representatives.
  • Animaker Inc.
  • Edify by Animaker

User Acceptance

Users are requested to read these Terms carefully before using the Website or the Services.

By using or accessing the Website or the Services, User understands, agrees to accept and adhere to the Terms, including, but not limited to, Edify’s Privacy Policy (“Privacy Policy”).

If User does not agree with the Terms or Privacy Policy, they should refrain from using the Website or the Services.

User’s explicit acceptance of the Terms upon logging into the Website shall constitute User’s consent to these Terms and Privacy Policy as its exists, along with any changes to these Terms and Privacy Policy, incorporated from time to time by Animaker.

Using Edify in any way implies that the User unconditionally and without any reservation agrees and accepts to abide by all the Terms listed in this legally binding agreement.

These Terms may be amended from time to time.

If and when these Terms are amended, Edify will do its best to inform the User using either of the following ways:

  • By placing a notification on Edify Website
  • By emailing the User, using User’s registered email address found in the User’s account at that moment in time.

If the User uses Edify in any way after changes to these Terms takes effect, then User agrees to abide by all of the Terms, including the ones that have changed.

If User does not agree to abide by these Terms, Users have the right to reject them. In which case, User will not be able to use Edify anymore.

If User is agreeing to abide by these Terms on behalf of a School or School District, User may do so if and only if User is authorized to so by the School or School District.

The Parties hereby agree to abide by these Terms as set forth herewith:

Covenants of the Terms of Use

1. User’s responsibility for Internet access:

In order to use the Website, the User must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access.

User obtains and maintains all consents, licenses and necessary filings and settings for the Website and/or intellectual property rights related to any Services, to be available to them.

User shall guarantee that the Services will not be used in violation of any law, regulation or rights of third parties, including intellectual property rights, or to incite or facilitate such a violation.

2. Supervising Children under the age of 13 years:

Edify is concerned about the safety and privacy of all of its Users particularly Children under the age of 13 years (“Children”)

A Student-User, especially Children, should be helped by their Parents, Guardians, or teachers, with the following:

  • To access the Website and Services;
  • To set up any relevant accounts;

A Student-User, especially Children, have to be supervised by their Parents, Guardians, or teachers, when they are accessing the Website and the Services.

Edify agrees that Student-User’s personally identifiable information stays under the direct control of the School.

If the User is a Teacher, then the User should represent and warrant that the Student-User’s personally identifiable information stays under the direct control of the School.

Edify assumes that the User, who is a Teacher has the express consent of the Children’s Parents or Guardian to use the Service.

If a Parent or Guardian becomes aware that his / her represented minor has registered with Edify without their express authorization, he or she should contact Edify at edify@animaker.com. Edify, on receipt of such information, will delete such accounts from its database within 5 working days.

Edify warns persons holding parental authority, Guardians, or teachers on the diversity and the nature of the content available on the internet, which are likely to harm minors.

Parents, Guardians, and teachers are encouraged to monitor the Children when they connect Edify

It is the obligation of Parents,Guardians and Teachers to do the following:

a. determine which of Edify’s services should their Children be allowed to use.

b. monitor their Children’s use thereof as a result of these Services.

3. Registration:

Registration is required for the use of certain features of the Website.

User represents and warrants that they (User) are of legal age (18 Years of age) to form a binding contract with Edify.

If User is not of legal age (18 Years of age) to form a binding contract with Edify, User represents and warrants, that they (Users) have received their (User’s) Parent or Guardian's verifiable consent to use Edify.

If User is not of legal age (18 Years of age) to form a binding contract with Edify, User represents and warrants, that they (Users) have received their (User’s) Parent or Guardian’s approval to agree to these Terms on their (User) behalf.

Users provide the following information during the account registration process: First Name, Last Name, Email address, Password, School Name, Unique School ID and School Type (Public, Private, International, Homeschooling, Other)

Users provide the following information during Billing information collection process: School Phone, School Address, City, State, Country and Zip Code.

Users may review Edify’s Privacy Policy for more information on how Edify uses the information that is collected from them.

Edify reserves the right to reject any account registration request at its sole discretion.

After a User completes account registration and subsequent activation, he/she (User) will be able to start using the Services and various features of the Website.

Each Edify User account is personal and non-transferable.

User is responsible for maintaining the security of their (User’s) password and account.

User must immediately notify Edify at edify@animaker.com regarding any unauthorized uses of their (User’s) account or any other similar breaches of security.

Edify will not be liable for any acts or omissions by User, including any damages of any kind incurred because of such acts or omissions by the User.

4. Copyright:

Copyright/intellectual property laws of USA protect Services and Content available on Website.

The Services and Content available at any time on the Website remains the property of Edify.

Any violation of the Website’s copyright or trademark, may invoke civil and criminal statutes.

Please review all notices on Website before making any copies of any Content or Services.

Some documents published on the Website may contain other restrictions that limit or prohibit User ability to make copies of that document.

5. Edify Product Use Guidelines:

Only a Teacher Users can register for an account on Edify. Upon registration, a Teacher can add students into the plan.

Users sign up for an Edify account on https://edify.animaker.com

Users provide a password and Username ("Edify User-ID").

User agrees to provide Edify with accurate, complete and updated registration information about them/their School/their School District as the case maybe.

User cannot select for Edify User-ID, a name that User do not have the rights to use.

User cannot select for Edify User-ID, a name with the intent to impersonate another entity (person or an organization).

User cannot select an Edify sub domain name that User does not have the right to use.

User may not transfer Edify account to anyone else without Edify’s prior written permission.

User may use Edify solely for educational purposes.

Teachers should exclusively use Edify in association with their classes that they teach.

Students should exclusively use Edify in partnership with their classes that they are enrolled in.

Users are not permitted to distribute the content that they create on Edify for revenue or on a revenue-generating basis, which includes, without limitation, a ban on displaying the content or by charging fees in connection with the distribution or viewing of the content or otherwise exploiting the content for fees, revenue or for any monetary consideration.

6. User Submissions:

User agrees that some User Submissions maybe viewable by other Users.

For all User Submissions, User agrees to grant Edify certain rights, to display these User Submissions on Edify, and to allow other Users to view/use them (where applicable).

For all User Submissions, User agrees to grant Edify the right to appropriately translate, modify (for instance, make User content viewable on handheld devices) distribute and reproduce such User Submissions.

For all User Submissions, including the ones that are stored in a User’s account, in a manner that is viewable only by User (a "Personal User Submission"), User grants Edify the right to appropriately translate, modify (for instance, make User content viewable on handheld devices), distribute and reproduce such User Submissions.

For all User Submissions, User agrees to grant Edify the right to appropriately make changes in order to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, Services, or media.

User agrees that all rights to use/share any content created using Edify are subject toEdify’s Privacy Policy.

User agrees that these rights are royalty-free, irrevocable, and worldwide, for as long as the User Submissions are stored on Edify.

When User deletes their account, Edify will stop posting those User Submissions.

When User deletes their account, User understands and agrees that it may not be possible to completely remove the content associated with account, from Edify's records, and that their User Submissions may remain viewable elsewhere to the extent that they can be copied or stored by other Users.

7. User Responsibilities:

User agrees that any information or content publicly posted or privately transmitted through Edify, is the sole liability of the User from whom such content originated.

User agrees that they access all information and content on or through Edify at their own risk.

User agrees that Edify is not liable for any errors, omission, damages or loss in information or content or in its transmission.

User agrees that Edify cannot control and have no duty or obligation to take any action regarding how Users may interpret and use the content or what actions Users may take because of having been exposed to any content on or through Edify.

User releases Edify from all liabilities arising out of the User’s usage of content found on or through Edify.

Edify may inadvertently contain or direct Users to Websites containing content or information, that the User may find offensive or inappropriate. User agrees that Edify cannot be held liable for any such inadvertent occurrences. User further agrees to let Edify know of such content. On receipt of such information, Edify will try to remedy the situation.

Edify cannot guarantee the identity of any Users with whom Users may interact while using Edify.

User agrees that they are responsible for all content that they create, contribute, and distribute on or through Edify.

User agrees that they represent and warrant that they have all the rights necessary to create, contribute, and distribute content on or through Edify.

User will keep all User registration information accurate and current.

User agrees that they are responsible for all of their activities on Edify.

8. Account Termination:

Users have the right to terminate their Edify account any time.

Please refer to Edify’s Privacy Policy to understand how Edify would treat User’s information after they have stopped using Edify's Services.

Edify has the right to terminate (or suspend access to) a User’s use of Edify or Edify account, for any reason, including User’s breach of these Terms.

Edify has the sole right to decide whether User is in violation of any of the restrictions outlined in these Terms.

Account termination may result in the destruction and/or loss of any content associated with Edify account.

Edify will try to provide notice to the User, prior to any termination of the User’s account on Edify. This is to allow the User to retrieve their content stored in their Edify account. User agrees that this would be facilitated by Edify, only to the extent allowed by the law and these Terms.

User agrees that Edify may not allow the User to retrieve any content, if Edify determines that it would be impractical, illegal, or would not be in the interest of any other entity’s safety or security to do so.

If Users have deleted Edify account in error, they would have to contact Edify immediately at edify@animaker.com. Edify cannot guarantee recovery or restoration of any of the User’s content.

9. Use of Edify:

User agrees to use Edify only for their personal, internal, non-commercial, educational use, and only in a manner that complies with all the Terms as listed here and all the relevant Government laws, rules and regulations that apply to User.

If applicable laws prohibit User’s use of Edify, then Edify will provide Users neither the legal right nor the authorization to use Edify.

Edify cannot and will not be responsible for any usage in a way that violates any laws, rules and regulations that the User may be subject to.

10. Inappropriate use of Edify:

User agrees that Edify has the right to terminate any User’s account and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions listed below.

When using Website, User agrees not to do the following:

  • Take any action that imposes an unreasonable or disproportionately large load on Website (or Website’s third party provider’s) infrastructure;
  • Interfere with the proper working of the Website;
  • Attempt to bypass or circumvent any measures Edify may use to prevent or restrict access to the Website;
  • Run any form of auto-responder or ‘spam’ on the Website;
  • Use any software viruses or any other harmful computer codes, files, or programs to disrupt the functioning of the Website in anyway;
  • Use any manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Website;
  • Harvest or scrape any content from the Website;
  • Take any action in violation of Website’s guidelines and policies;
  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Website;
  • Modify, translate, or otherwise create derivative works of any part of the Website;
  • Act in such a way to damage or interrupt the Website;
  • Act in such a way to make the Website less efficient.

When using Website, User agrees not to do the following activities:

  • Adult & Pornography: User agrees not to create, exchange, distribute or contribute to any adult oriented or pornographic materials on Website./li>
  • Inappropriate behavior & language: User agrees not to create, exchange, distribute or contribute to any content that is not friendly, constructive, and professional. Edify condemns all forms of bullying, harassment, and hate speech towards other Users;
  • Phishing & Spam: Edify takes its User’s security seriously. Any attempts to publish or send malicious content with the intent to compromise another User’s account or computer environment are strictly prohibited. User’s agree to respect other Edify Users’ privacy by not contacting them for commercial purposes without their consent;
  • Content Violations: User shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website, including without limitation any content, that:
    • Infringes any third party right or violates any law or contractual duty;
    • The User knows is false, misleading, untruthful, unlawful, threatening, abusive, harassing, defamatory, fraudulent, pornographic, or is otherwise inappropriate as determined by Edify;
    • Constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
    • Includes anyone’s identification documents or sensitive financial information;

11. Payment and Taxes:

Edify charges Users a subscription fee, all applicable taxes and surcharges, hereinafter referred to as “fees” for the use of its application.

User agrees to pay all fees charged by Edify and/or otherwise incurred by User.

All fees are payable in advance, non-refundable and, unless otherwise explicitly stated, in US Dollars.

All fees will be billed to User, User’s School District, School Address, or Organizational Address.

User may use either one of the following methods to pay the fees: Credit Card, Debit Card or any other payment method approved by Edify.

If User is paying by Credit Card or Debit Card, User hereby authorizes Edify to charge User’s Credit Card or Debit card or any other payment approved by Animaker/Edify by Animaker.

Depending on the payment plan that User chooses, fees may be billed in advance on a periodic basis.

For any upgrade in plan level, User’s Credit Card or Debit Card will be charged appropriately.

For any upgrade in plan level, User will be billed at the new rate immediately upon making the change.

There will be no refunds or Credits for partial period of Service, upgrades, or any unused period.

User cannot downgrade from a plan level while the then-current term is in effect.

If User fails to timely pay the applicable fees, Edify may suspend or terminate User’s access to Edify with immediate effect.

In the event of any refusal of User’s Credit Card or Debit Card issuer to pay Edify, for any reason, User agrees to promptly pay Edify all due amounts.

User agrees to pay all costs of collection of due amounts to Edify, including attorneys’ fees and costs, on all due amounts.

In the event User fails to pay any amount when due, Edify has the right to and may suspend or terminate User access to Edify.

Edify subscription is good for the period for which the paid subscription is chose or until such other time as authorized by Edify in writing.

Edify subscription will renew automatically, unless User or Edify terminates this Agreement pursuant to Section 8 of these terms or downgrade their subscription to a free account.

Users must cancel their subscription before it renews in order to avoid billing of subscription fees for the renewal term.

To downgrade their subscription to a free account, User can use change of plan in Account Settings page. The change will become effective at the end of their subscription period.

User must continue to pay all fees that come due during the remainder of their subscription.

User may cancel or end their Edify subscription at any time.

If Edify subscription terminates, User will not be able to use Edify, except that User may be permitted to login and access the renewal tool if User is the Edify Account Administrator/Admin/Superuser.

User is responsible for, and will indemnify and hold Edify harmless from, payment of all taxes (other than taxes based on Edify’s net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Edify under these Terms or the delivery or license of Edify or use of Edify or provision of any related Services.

User will make all payments to Edify free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Edify will be the sole responsibility of the User.

User agrees to provide Edify with official receipts issued by the appropriate taxing authority, or other such evidence as Edify may reasonably request, to establish that such taxes have been paid.

12. Third Party Websites:

Edify may contain links or connections to third party Websites or Services that are not owned, operated, or controlled by Edify.

When User accesses third party Websites or uses third party Services (including, without limitation, User’s use of any publisher software), the User accepts that there are risks in doing so, and that Edify is not responsible for such risks and cannot be held liable.

Edify encourages Users to read the Terms andPrivacy Policy of each third party Website or Service that User visits or utilizes.

Edify has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party Websites or by any third party that User interacts with on and through Edify.

Edify will not and cannot monitor, verify, censor or edit the content of any third party Website or Service (including without limitation the publisher software).

By using Edify, User releases and holds Edify harmless from all liability arising from User’s use of any third party Website or Service.

User interactions with organizations and/or Users found on or through Edify, including payment and delivery of goods or Services, and any other Terms, conditions, warranties, or representations associated with such dealings, are solely between User and such organizations and/or other Users.

User should make whatever investigation they feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation publishers).

User agrees that Edify shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on Edify Website, or between Edify Users and any third party, User agrees that Edify is under no obligation to become involved.

In the event that Users have a dispute with one or more other Users, User releases Edify, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Edify's Services.

13. Children’s Online Privacy Protection Act (“COPPA”),

15 U.S.C. § 6501–6506, and the FTC’s COPPA Rule, 16 C.F.R. Part 312, regulates Children’s privacy online.

COPPA Law has led to some guidance on when Websites are “directed to minors”, as well as on the “actual knowledge” of a minor’s status is obtained, outside of collecting date-of-birth.

COPPA and the FTC’s rules apply only to minors under the age of 13 years.

Edify does not knowingly collect personally identifiable information from Children under the age of 13 years.

If a Teacher, Parent or Guardian shares information with Edify via email (edify@animaker.com), that “Children” User under the age of 13, has provided Edify with Personal Information, without verification of parental consent, Edify will take steps to remove that information from Website servers. Edify will respond to the email accordingly."

14. Family Educational Rights and Privacy Act (“FERPA”)

FERPA is a US Federal law that protects the privacy of personally identifiable information contained in a student’s educational record.

FERPA applies to all schools (K-12 and postsecondary institutions) that receive funds under various programs from the US Department of Education.

FERPA defines “educational records” as records containing information in any medium—paper, electronic, microfilm, etc., that directly relates to a student and are maintained by an educational institution or by a party acting for the educational institution.

Edify does not collect any information, personal or otherwise from Student Users.

Edify complies with all regulations provided by FERPA.

For more information on FERPA, please visit http://www.registrar.ua.edu/ferpa_fact_sheet.html.

15. The Children's Internet Protection Act (CIPA)

CIPA was signed into US law on December 21, 2000.

Under CIPA, no School or library may receive discounts unless it certifies that it is enforcing a policy of Internet Safety that includes the use of filtering or blocking technology.

This Internet Safety Policy must protect against access, through computers with Internet access, to visual depictions that are obscene, child pornography, or (in the case of use by minors) harmful to minors.

The School or library must also certify that it is enforcing the operation of such filtering or block technology during any use of such computers by minors.

Edify does not allow Children/Minors under the age of 13 to register for an account on Edify.

Edify complies with all regulations provided by CIPA.

16. Warranty Disclaimer / Limitation of Liability

Edify will make all reasonable efforts to ensure that the Website and Services are available at all times. However, Edify cannot guarantee that the Website or any individual function of Website will always be available and error free. The Website may be unavailable during periods when Edify is implementing upgrades or carrying essential maintenance on the Website.

Edify does not guarantee any results from using the Website. Website and Services are provided on an “as is” and “as available” basis. Use of Website is at User’s own risk. To the maximum extent permitted by applicable law, they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No advice or information, whether oral or written, obtained by User from Edify, provides for any warranty that is not expressly stated herein.

Edify does not warrant that the content is accurate, true, reliable, correct or complete, and that it will meet User’s requirements, or that it will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected or that they are free of viruses or other harmful components.

Any content downloaded or otherwise obtained using the Website or Services is downloaded at User’s own risk.

User will be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from any download of any content from Edify or User’s use of the Website or Services.

In no event shall Edify, its officers, directors, employees, or agents, be liable to User for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage, of any nature whatsoever, resulting from User\'s use of the Website, (ii) any loss or damage due to unauthorized access to or use of Website servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from Website or interoperability problems, (iv) any loss or damage due to bugs, viruses, Trojan horses, or the like, which may be transmitted to or through Website by any third party, (v) any errors or omissions in any content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Website (viii) any loss or damage resulting from User\’s use, or inability to use, any portion of Website or for any loss or damage of any kind in User\’s data, (if) any loss of User revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Edify is advised of the possibility of such damages.

17. Indemnification

User agrees to defend, indemnify and hold Edify and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, arising out of User’s use of Website or Services, including but not limited to (i) the use of the Website or User’s placement or transmission of any message or information on this Website by User, (ii) User’s violation of any of the Terms (iii) User’s violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (if) User’s violation of any law, rule or regulation, (v) any claim for damages that arise as a result of User’s use of Website or (vi) any other party’s access and use of the Website with User’s unique username, password or other appropriate security code.

In the event that Users have a dispute with one or more other Users, User releases Edify’s officers, directors, agents, subsidiaries, licensees, promotional partners, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18. Intellectual Property

The Terms does not transfer to User any Edify’s or third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Edify.

Edify by Animaker Logo and Animaker Inc.’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Animaker Inc.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

User’s use of the Website grants User no right or license to reproduce or otherwise use any of Edify’s or third party trademarks.

User expressly declares and undertakes not to register any domain name that includes the words “Animaker”, “Edify”, or “Edify by Animaker”.

User expressly declares and undertakes not to use the words Animaker” or “Edify” or “Edify by Animaker”, in any way that may cause confusion on any medium or advertising services.

19. Copyright Infringement

“DMCA Takedown” is when content is removed from a Website at the request of the owner of the content or the owner of the copyright of the content.

DMCA Takedown does not require the content to be copyrighted to process the takedown OR for the request to have the content taken down acted upon by the Website owner or ISP.

In complete compliance with DMCA, Edify will remove content that is believed in good faith to violate someone's copyright.

Edify reserves the right to remove any content from Edify at any time, for any reason, including, but not limited to, if someone alleges that an Edify User had shared content in violation of prevalent Copyright laws, or without any reason, and without notice.

To learn more about DMCA, click here. (https://www.copyright.gov/legislation/dmca.pdf)

20. Changes to Edify:

Edify may change, suspend, or discontinue any part of Edify.

Edify may introduce new features, impose limits on certain features, or restrict access to parts or all of Edify.

Edify will try to give User notice when it makes a material change to Edify that would adversely affect User, but this is not always practical.

Edify reserves the right to modify this agreement at any time.

Changes and modifications to these Terms will be effective when posted to Edify’s site or when Edify provides notification of the change, whichever is sooner.

21. Government Restrictions:

User may not export or re-export any of the content generated using Edify except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable.

The preceding and all accompanying documentation are deemed “commercial computer software” and “commercial computer software documentation,” respectively, under DFAR Section 227.7202 and FAR Section 12.212(b), as applicable.

These Terms solely govern any use, modification, reproduction, release, performance, display, or disclosure of the preceding by the U.S. Government.

22. Warranty Disclaimer:

Edify does not make any representations or guarantees concerning any content contained in or accessed on or through Edify.

Edify will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Edify.

Edify will make no representations or warranties regarding suggestions or recommendations of Services or products (including publisher software) offered or purchased on or through Edify.

Products and Services purchased or offered (whether or not following such recommendations and suggestions) on or through Edify are provided "as is" and without any warranty of any kind from Edify or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

Edify’s content, Website, and software are provided on an "as-is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of Edify will be uninterrupted or error-free.

Some states in USA do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.

23. Confidentiality:

User agrees to keep confidential and not use or disclose to a third party any information related to Edify that they know or reasonably should know to be confidential to Edify.

To the extent that a User provides Edify with any suggestions, information, ideas, or feedback concerning Edify, including but not limited to, a report of any errors, which User discovers while using Edify or any related documentation, such feedback, will be the property of Edify.

User agrees to assign, and hereby do assign, all right, title and interest worldwide in the use of such feedback, and the related intellectual property rights, to Edify and agree to assist Edify in perfecting and enforcing these rights.

24. Assignment:

User may not assign, delegate, or transfer these Terms or User rights or obligations hereunder, or User Services account, in any way (by operation of law or otherwise) without Edify's prior written and verifiable consent.

Edify may transfer, assign, or delegate these Terms and Website rights and obligations without verifiable consent.

25. Arbitration:

These Terms are governed by and will be construed under the laws of the City of Las Vegas, State of Nevada, USA.

Any dispute arising from this Terms shall be settled in City of Las Vegas, State of Nevada, USA in English, by the streamlined arbitration rules and procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS")

Notwithstanding the foregoing obligation to arbitrate disputes, each party to these Terms, shall have the right to pursue injunctive or other equitable relief at any time, from a court of competent jurisdiction.

The federal and state courts located in City of Las Vegas, State of Nevada, USA will have non-exclusive jurisdiction in respect of disputes arising in connection with these Terms.

26. Force Majeure:

Edify has no liability for any failure of performance or equipment due to causes beyond its reasonable control, including, but not limited to, the following: acts of God, fire, flood, earthquake, tsunami, storm, or other catastrophes; any law, order, regulation, direction, action, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections, riots, wars or acts of terrorism; unavailability of rights-of-way or materials; or strikes, lockouts, work stoppages, or other labor difficulties; or failure of the Internet or any telecommunications, hosting or Service provider.

27. Severability

No failure or delay by Edify in exercising any right or remedy provided by law under or pursuant to these Terms shall impair such right or remedy or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

If any of the provisions of these Terms become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect.

Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated at this moment are fulfilled.

28. Survival

These Terms represent the entire agreement between User and Edify on the subject matter hereof, and supersedes the provisions of any other communications on such subject matter.

If any provision of these Terms is held invalid, that provision will be deemed amended to achieve as nearly as possible the same economic effect, as the original provision and the remainder of these Terms will continue in full force and effect.

Notwithstanding any other provision from these Terms, the representations, warranties, covenants and indemnities of or by Edify contained herein or in any certificate, document or instrument delivered pursuant hereto shall survive the termination of these Terms:

Any obligation on the part of the Users to pay Edify or indemnify Edify.

Any limitations on Edify’s liability.

Any Terms regarding ownership or intellectual property rights.

Any Terms regarding disputes between User and Edify.

29. Contact Information:

If Users have any questions, comments, or concerns regarding these Terms or Edify, they are requested to contact Edify at: Animaker Inc., 187 East Warm Springs Road, Suite B 192, Las Vegas, NV, 89119 USA; Email: edify@animaker.com

30. Pledge to abide by these Terms:

I, a prospective User of Edify, have read these Terms very carefully. By using Edify, I agree to be bound by these Terms. If I do not agree to these Terms, I will not use Edify.