Terms & Conditions

The ANIMATES website is operated by Mini-Mix Ltd. These terms together with the applicable provisions set out on the Site during each purchase or subscription process apply to any and all use of the Site. Any act of accessing or using the Site, completing Registration or a transaction or obtaining or using any Content shall constitute your agreement to be bound by and comply with the Terms.

Definitions

In these terms and conditions, the following definitions have the following meanings:

“Content” means all text, images, footage, related data or other material made available to you by Mini-Mix via the Site or otherwise.

“Contract”: Any agreement between Mini-Mix and you regarding a purchase or allowing access to restricted areas of the Site, or restricted Services;

“Fee”: The fee payable to Mini-Mix under any Contract as specified on the Site before or at the point of contract;

“IPR”: all patents, trade marks, service marks, copyright, design right, database rights, know-how, processes, trade practices and other intellectual property rights whatsoever, whether registered or unregistered anywhere in the world;

“Login”: the personal username and password which will be created by you upon Registration, (which may be amended from time to time as enabled via the Site) allowing you to access and use the Site and any associated benefits;

“Registration”: the process of registration for the Service in compliance with clause 3;

“Site”: the web site at www.mini-mix-online.com/animates and any of the sub-domains thereof;

“Site Rules”: the rules published on the Site relating to posts, uploads, profiles and entries submitted by users to the Site and any other use of the Site (if any);

“Services”: the service accessed via the Login, and, as applicable to each Contract, restricted areas of or tools on the Site;

“Terms”: these Website General Terms and all applicable terms specific to any Contract as communicated via the Site;

“User Content”: all text, images, footage, related data or other material inputted, uploaded or otherwise communicated by you to the Site or to us including by way of selecting items to be linked to the Site.

“we”, “us”, “our”, “Mini-Mix”: Mini-Mix Publications Limited, a company registered in England and Wales with company registration number 01369365 having its registered office at PO Box 2040, Hockley, Essex SS5 4QW

“you”, “your”, “yourself”: the person, using or Registering with the Site

Registration

In order to access the Service it is necessary for you to provide and register certain information with us.

You must ensure that the information submitted in your Registration is complete and accurate.

No Registration shall be validly submitted other than via the standard procedure on the Site. Conditions purported to be stipulated by you in any way to us, to the extent that they are inconsistent with the Terms, shall be void.

You agree to access the Service by use of the Login only and that in particular you shall not create any link to any part of the Site except the homepage and shall not violate or bypass any measures employed or designed to restrict access to any part of the Site.

You agree to keep the Login confidential at all times, shall take reasonable steps to prevent others from obtaining your Login and shall inform us if at any point you consider that your Login has been compromised and/or is being misused by someone else and shall take such action as is required and/or is requested by us to prevent such misuse

You are responsible for all Fees relating to activities conducted using your Login up till the time that you notify us of unauthorised use of your Login.

By completing Registration you warrant that you are over 18 years of age, or if less than 18 years of age have the consent of your parent or guardian to complete Registration and agree to the Terms on your own and your parent or guardian’s behalf.

Technical Use of the Site

1. You warrant and undertake that you shall not, and shall not permit others to:

   • modify, translate, create derivative copies of or copy any aspect of the Site;
   • reverse engineer, decompile, disassemble or otherwise tamper with any material on the Site;
   • distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in or otherwise transfer any of your rights to use the Site;or
   • use the Site in any manner not expressly authorised or envisioned or in a way which may bring us into disrepute.

Contracts

1. To access certain areas of the Site or to make purchases of any products or content via the Site you will be required to enter into further agreements by agreeing to additional Contract terms.
2. These Website General Terms shall apply to all such Contracts in their entirety at all times.
3. You agree to access each area of the Site where a Contract is required by use of the Login only.

Payment

1. Unless otherwise stated, all necessary Fees must be paid prior to or upon agreement of each Contract, via the Site, by secure credit or debit card payment or by agreeing to regular periodic payments in accordance with the payment mechanisms available via the Site.
2. Where Fees are payable on a subscription basis Fees shall be debited from your account in advance at intervals stated on the Site at the time of entering into the Contract.
3. In the event that you wish to cancel a subscription based Contract, you may, subject to any minimum term set out in the Contract, cancel the Contract by sending us a notice in writing to us (which may be by e-mail) requesting cancellation, upon receipt of which:
   1. no further Fee will be debited from your credit or debit card; and
   2. your Login will be invalidated as it relates to any of the Services under that Contract and the Contract will immediately terminate.
   3. no refund shall be given of any Fees that have already been paid in advance.
4. All Fees are expressed inclusive of VAT unless specified.

Delivery of purchased items

1. Any digital content purchased via the Site shall be made available on the Site or emailed to you within 48 hours. Any physical products purchased via the Site shall be dispatched to your address within 14 days.
2. Where you act as a consumer and none of the circumstances set out in clause 7.3 apply, you may cancel any transaction made over the Site and receive a refund of the Fees by informing us of your intention to do so within 7 working days of receipt of the items purchased by you and must then subsequently return all items supplied to you at your own cost.
3. Clause 7.2 above shall not apply in any of the following circumstances:
   • where the Contract is for the provision of accommodation, transport, catering or leisure services, where we undertake to provide these services on a specific date or within a specific period;
   • where the Contract is for the provision of services and provision of the service has already begun with your consent;
   • where goods supplied are customised, personalised or made to your specification;
   • where the Contract is for the supply of audio or video recordings or computer games and you have unsealed the same.
4. Any audio, visual or audio visual work or any other digital content delivered to you is licensed to you personally for non-commercial use only and no copying, public performance, broadcast, rental or lending of the same is permitted.

Intellectual Property Rights

1. All IPR in the Site, Content and all material, content, information or benefits relating to the same, is owned or licensed by us and nothing in these terms and conditions shall confer any ownership of any IPR in the same on you.
2. Except where specifically authorised by the Terms, you agree to use all Content made available to you for the purpose of viewing such Content on the Site personally only and not to copy, adapt, make available to third parties or distribute any such Content.

Content and Use of the Site

1. You grant to us a world-wide, royalty-free, irrevocable, non exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content (in whole or part) and/or to incorporate such content in other works in any form, media or technology now known or developed for the purposes of operating or promotion of the Site.
2. You agree not to upload, post or otherwise make available on the Site any material protected by any IPR, confidentiality or other proprietary right without the express permission of the owner of the IPR, confidential information or other proprietary right or use the Site for any other illegal purpose and the burden of determining that any material is not protected by copyright or that such permission has been obtained rests with you.
3. You agree that you shall be solely liable for any damage resulting from any infringement of IPR, confidentiality, proprietary rights, or any other harm resulting from submission of User Content and agree to indemnify us and keep us indemnified against any damage, harm or loss resulting from such a submission.
4. You agree to abide by the Site Rules that we may amend from time to time by posting the amended Site Rules on the Site, and that all amendments shall be effective regarding your use of the Site immediately upon posting.
5. You agree not to use the Service to send unsolicited bulk messages.
6. You agree to not register or use more than one username. Any user found using more than one username without prior written (emailed) permission will be banned and all relevant posts and accounts will be removed at our discretion.
7. By making any use of the Site you warrant that you are 13 years of age or older and by making any Contract where any Fees are payable you warrant that you are 18 years of age or older.
8. You agree and undertake that you will not use the Site or post to or transmit via the Site any material that is abusive, pornographic, defamatory, discriminatory, violent, obscene, inflammatory, racist or which in any way harasses any person.

Limitation of Liability

1. You acknowledge that the following provision reflects a fair allocation of risk. These terms and conditions set out our entire liability to you and all other liability of us to you and all warranties relating to the accuracy, suitability or efficacy of any Content or Service is hereby excluded, subject that nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from our negligence or wilful default, or that of our servants, agents or subcontractors.
2. You agree that our total liability under each Contract shall not exceed (death or personal injury excepted) the Fee paid by you to us pursuant to that Contract, including where such liability arises out of our negligence.
3. In no event shall we be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Service or the Content, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information or benefits. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
4. You agree to notify us of any claim or allegation that the Content infringes any third party rights within ten days of becoming aware of the same.
5. You agree that we shall not be liable for any loss or damage caused by your reliance on the accuracy or truth of any Content.
6. You agree that we shall not be liable for any loss or damage cause by the negligence, fraud or inaction of any other user and in particular shall not be liable for any failure of any user to adequately perform any contract concluded via the Site or for the inaccuracy of any representation made by another user via the Site.

Indemnities

1. You will fully indemnify and keep us and all our associate companies indemnified against all losses and damages (including loss of profits, special, indirect, incidental or consequential loss or damage, loss of goodwill and any reasonable legal costs or sums paid in settlement of any claim or proceedings brought against us by a third party) arising due to any breach of these Terms by you and also in the event of any claim or legal proceedings brought/threatened against us by a third party as a result of your actions.

Restrictions of the Internet

1. You acknowledge that:
   1. we have no control over the Internet which is a global decentralised network of computer systems. Accordingly, access to the Site shall not be error free or uninterrupted and may be variable; and
   2. information, benefits and other material accessible over the Internet, including via the Site may contain computer viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet. We strongly recommend that you maintain sufficient and updated anti-virus benefits on any hardware used to access the Site and/or access material on the Site.

Downtime

1. Every effort is made to ensure the continuity of the Site, but some occasional technical downtime beyond our control may occur. Such downtime may prevent you from accessing the Service on the Site for the duration of the down time. We and our associated companies shall not be liable if your access to the Service via the Site is delayed or prevented by any cause beyond our control including, for the avoidance of doubt, hosting server downtime.

Termination

1. We may terminate any Registration or Contract, including any licence granted thereunder and invalidate your Login at any time upon notice in writing (which may be by e-mail) to you (1) in the event of any breach by you of the provisions of the Terms including the failure to pay any Fees when they become due or (2) in the event that you are insolvent or bankrupt within the meaning of the Insolvency Act or any other replacement legislation or (3) in the event of three breaches by you of the provisions of the Site Rules.

Notices

1. Any notice required or permitted under these terms and conditions shall be in writing (which may be by e-mail) and shall be deemed to have been properly given:
   1. 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address for us set out in these terms and conditions and for you as set out in the Contract request or other address notified for the purpose; or
   2. at close of business (17:00 hours local time) on the day of effective transmission if sent by e-mail.

General

1. No provision of these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it, except for the avoidance of doubt by any one or more of our subsidiaries, if any, from time to time.
2. We may assign our rights or obligations under these terms and conditions at anytime. Subject to the other provisions of these terms and conditions, you may not assign your rights or obligations under these terms and conditions without our prior written consent.
3. We shall not be liable for failure to meet our obligations under these terms and conditions if we are prevented from or delayed in doing so due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

Governing Law

1. These terms and conditions shall be interpreted in accordance with and governed by English law and the parties shall submit to the exclusive jurisdiction of the English courts.