Please read this Terms and Conditions agreement carefully, as it contains important information regarding your legal rights and remedies.
Through fully interactive hands-on challenges, and involvement in our productions we empower the participants with the knowledge and confidence to hone their skills, harness their talent, identify, and focus on their core strengths, develop the right mindset needed for global competitiveness and entrepreneurship, as well as build values necessary for the advancement on professional, personal, and emotional levels.
Jolly Squid Ltd hereby grants you a non-exclusive license to use and access the content and offers of the Program according to the provisions contained herein and IN adherence to the terms of this Agreement.
This Terms of Service Agreement (“Agreement”) is entered into by and between Jolly Squid Ltd Ltd., a Limited Liability Company registered in Nigeria (“Jolly Squid Ltd”), and participant („you”) of the Motion to the Sound and Ani-Jolly Girls’ programs (“Program”) and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of our Program and any other such free services offered by Jolly Squid Ltd and is in addition to (not in lieu of) any specific terms and conditions that apply to a specific service or product offered by Jolly Squid Ltd or the Program.
The terms “the Carrier” “we”, “us” or “our” shall refer to Jolly Squid Ltd, any subsidiaries of Jolly Squid Ltd, and the Program. The terms “I”, “you”, “your”, “the Participant” “the Mentee” or “the User” “Creator “ shall refer to any individual who accepts this agreement. “your work” “The Project” “Entry” “Entries” and “Final Material” shall refer to everything you are creating or have created with the materials you downloaded from our websites. “your raw content” shall refer to the visuals or any materials not supplied by us that you use in the Project. The terms “Program websites” “website” “websites” “site” and “sites” shall refer to www.jollysquid.com and www.motiontothesound.org, and their subdomains, websites, and subdomains of any subsidiaries of Jolly Squid Ltd.
Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
The Program websites are intended for use only for lawful purposes. By electronically accepting this agreement and using the Program websites you agree that you have read, understand, and agree to these terms and conditions of use. you also agree to review this Agreement periodically to be aware of modifications to the agreement, which modifications we make from time to time and at any time in its sole discretion. your continued access to or use of our website will be deemed your conclusive acceptance of any modified agreement. Such modifications shall be effective immediately upon being posted on the websites.
We will provide sound files that you can download and visualize as part of our Animation Challenges as well as informal animation mentorship and Mentor, Instructor, or Tutoring programs in a hybrid online and -but not mandatorily including- a live-on location format.
We will make efforts -but are not obliged- to include you in; share information about our networks and or partner networks in programs, or any information that will benefit your advancement as is being pursued in Section 1. This can, as far as the scope of the mentorship covers, be the production of a finished animation film directed by the Participant.
5.1. The site is not intended to be used by, and is not directed to, anyone under 18 years of age.
5.2. you represent that you are at least 18 years of age.
5.3. you are solely responsible for providing the equipment related to accessing the website and engaging in the program, including all computers, remote communications equipment, headphones, microphone, webcam, animation rigs, animation software, or other equipment which you need for this program.
5.4. With due reference and respect to Section 1., you agree to receive weekly hands-on assignments in the framework of our productions but not more than 8 assignments in one month during the program.
Jolly Squid Ltd does not guarantee the specific identity of the Mentor, Instructor, or Tutor will be the same as indicated in the Program call and announcement, or the website and reserves the right to substitute the Mentor, Instructor, or Tutor for another Mentor, Instructor, or Tutor as it deems necessary.
Jolly Squid Ltd reserves the right to cancel and/or change the dates of a given program session at any time within 14 days of the original start date of the program.
Jolly Squid Ltd is not an educational institution and does not issue certificates or licenses certifying that a Participant has acquired a certain level of expertise or knowledge.
Jolly Squid Ltd does not guarantee that successful completion of their program guarantees employment or promotion at any place of employment.
Jolly Squid Ltd and its officers, directors, employees, and agents make no representations or warranties about the accuracy, completeness, or content of any of the Programs, nor the expertise, knowledge, or accuracy of information disseminated by any of its Mentor, Instructor, or Tutors and Jolly Squid Ltd assumes no liability or responsibility for the same.
Furthermore, the Participant’s involvement in, and exploitation of our program or Site is “as is” and “as available,” and at Participant’s sole risk. Neither Jolly Squid Ltd nor any of its past, current, or future affiliates, nor any of their respective past, current, or future equity holders, directors, officers, licensors, agents, employees, consultants, or representatives shall have any liability, obligation, or responsibility to you or any other person for any loss, damage, cost, expense, liability, or other adverse consequence alleged to have happened or which has happened, directly or indirectly, through your use of the Site. Jolly Squid Ltd further does not make any guarantee of the accuracy, correctness, usefulness, or completeness of, and is not liable for losses or damages alleged to arise from or arising from, any use of the Site, and Jolly Squid Ltd is not responsible for any errors or omissions alleged to arise from or arising from the use of the Site. Specifically, Jolly Squid Ltd disclaims
(i) any implied warranties of title, non-infringement, merchantability, and fitness for any particular purpose regarding the Site, and
(ii) all warranties not expressly made in these terms.
Further, under no circumstances shall Jolly Squid Ltd be liable in any way for any loss or damage alleged to arise or arising out of your use of the Site, or your interaction with any third-party Site, whether linked to from the Site or otherwise, including your use of any content, including any errors or omissions in any content, or any offensive, indecent, defamatory or otherwise objectionable nature of any content.
In no event shall Jolly Squid Ltd, its officers, directors, employees, and agents be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of our website, as well as any that may result from I) the accuracy, completeness, or information contained in our mentorship and training materials, programs, II) the accuracy, expertise, knowledge or completeness of information disseminated by any of the instructors and mentors, III) any personal injury or property damage, IV) any third party conduct whatsoever, or V) any other damage resulting from your attendance or participation in any of our programs, including but not limited to the actions or conduct of Mentor, Instructor, or Tutors, instructors or mentors, and other Participants attending our programs. The foregoing limitation shall apply to the fullest extent permitted by law and shall survive the termination or expiration of this Agreement or your use of any information or materials from Jolly Squid Ltd’s programs. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for special, incidental, indirect, or consequential damages. accordingly, some of the above limitations (under the “disclaimer of warranties” and “limitation of warranties” sections) may not apply to you.
The Project shall not infringe the rights of any other person and shall not contain any description of or reference to, any person, thing, or incident which, if published in any manner or form, would confer on any person or entity, a right of action or claim for damages against the Carrier.
You agree to protect, defend, indemnify, and hold harmless Jolly Squid Ltd and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including reasonable attorneys’ fees) imposed upon or incurred by Jolly Squid Ltd directly or indirectly from your attendance and/or use of information or materials from Jolly Squid Ltd’s programs or Site. The indemnification obligations under this section shall survive the termination or expiration of this Agreement or your use of any information or materials from Jolly Squid Ltd’s programs.
11.1. You will be required to submit your Work in Progress as well as your finished work arising from the Program to us or upload it onto our website as part of the training and evaluation process. You understand that by taking part in the program, you represent to us that you own the intellectual property rights to the visuals you used in the finished work.
11.2. With due reference and respect to Section 1., the Creator remains the sole owner of the raw content. Should the final Material of the mentorship and training become products like Animations, Films, or any work of art which is intended to be made visible in any public or private domain, social media or be shown to a third party or third parties in forms of shows, exhibitions, film festivals, and such events, the Creator will be duly named as the Director or any industry equivalent of the word as related to the form chosen for the exhibition or exploitation of the Final Material.
11.3. With due reference and respect to Section 1., any prizes won by the final Materials shall be on record as belonging to the Creator. Should these prizes involve monetary sums, these as well are deemed to belong to the Creator but mandatorily subject to the Carrier’s deduction of own expenditure and costs involving the Production of the Final Material.
11.4. With due reference and respect to Section 1., while the Creator remains the sole owner of the raw Content in the Final Material, the Carrier shall be the sole owner of the copyright in the Final Material, the Project, and all allied and ancillary rights thereto with the right to make use of the Final Material, the Project, and all allied and ancillary rights thereto as the Carrier shall decide.
The Rights include any and all rights of communication to the public and making available rights including satellite rights, cable retransmission rights, and any and all rental and lending rights, whether now known or hereafter existing, in any part of the world in and to the Final Material and any and all allied and ancillary rights thereto and any part, version or adaptation of the same as long as the Final Material was created in the scope of the program which includes the Carrier’s provision of materials in the scope of the project according to the objectives in Section 4 and this represents full, adequate, and equitable compensation in respect of all such rights (excluding director’s rights as stated in 11.3 ) that the Creator may have in relation to the same.
Jolly Squid Ltd owns the copyright to any and all materials that are available to Participants on its website, dispersed via email, fax or mail, or any other educational material that is made available to Participants. Reproduction, dissemination, and/or use of such materials without the written express consent of Jolly Squid Ltd may constitute a violation of US and International Copyright laws and subject to penalties, attorneys fees and damages.
Aside from the applicant videos/showreels submitted on Our website, the website contains various Content that is protected by the copyright laws of the United States and other jurisdictions. As between you and Jolly Squid Ltd, Jolly Squid Ltd owns all rights, title, and interest (including all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Jolly Squid Ltd (including all Content appearing therein), and you have no rights in and to the website other than as expressly set forth in this Agreement. Except for information that is in the public domain or for which you have been given express written permission by Jolly Squid Ltd, no Content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon, or otherwise used for any public or commercial purpose without the prior written consent of Jolly Squid Ltd or, where applicable, our licensors. However, you may print copies of materials on the website for your personal, noncommercial use only, provided that (a) you must keep intact all copyright, trademark, and other proprietary notices appearing therein and (b) you use such materials solely in the manner permitted by this Agreement and not in any manner that competes with us.
13.2 The Participant’s name, photograph, likeness, voice, and/or biography shall not, without the Participant’s prior written consent, be used to endorse any commercial product other than the Program and any products exploited in connection with the Program, or any and all allied and ancillary rights in the Project and/or the Program, or thereto, and the Participant’s consent shall be deemed to have been given if the Participant does not notify the Carrier of its objection to the same within 3 days of the Carrier notifying the Participant of such use.
The participants are allowed to post their work in Progress on all social media (with the exception of Video broadcasting and VOD channels like YouTube, Vimeo, Daily Motion, and all similar services) while abiding by the following rules.
a) The basic text of the post must indicate that the participant is taking part in the program and ensure that the Program and the Carrier, are duly mentioned, referenced (@), and properly tagged.
Failure to abide by this rule (paragraph 13.3)or the breach of it thereof will result in instant termination of the Participant’s participation in the program as well as possible fines, and breach of intellectual property rights filed as the carrier may deem fit.
Our trademarks, names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names appearing on the Sites and which indicate a source of goods or services (collectively, the “Trademarks”) belong exclusively to Jolly Squid Ltd or to our licensors, sponsors, suppliers or other third-parties, as indicated. Trademarks are protected by trademark laws. You may not use, copy, reproduce, republish, distribute, or modify any Trademark in any way, including distributing Content for advertising, publicity, or otherwise, without our prior written consent or the consent of such third-party Trademark holder, as applicable.
These rights, obligations, covenants, representations, and warranties apply to any Participant applying to and/or accepted into any program provided by Jolly Squid Ltd,
12.1 You agree to allow Jolly Squid Ltd to use any artwork produced by you during the program in Jolly Squid Ltd’s promotional materials at no charge.
12.2 Jolly Squid Ltd is not liable for Participants using copyrighted material for their artwork produced at any program provided by Jolly Squid Ltd, LLC.
12.3 Participants covenant that he/she will not distribute any material owned by Jolly Squid Ltd, or any material provided by and/or received from Jolly Squid Ltd. Violation of this (paragraph 12.3) will result in immediate termination of the Participant’s participation in the program. No refund shall be given to the Participant in case of termination.
I ACKNOWLEDGE AND AGREE THAT I UNDERSTOOD THE TERMS OF THE ABOVE RELEASE AND THAT THE RELEASE CONTAINS THE COMPLETE UNDERSTANDING CONCERNING THE PIXAR PARTIES’ LIABILITY IN CONNECTION WITH THE MATERIAL SUBMITTED BY ME TO ANIMATION FLOURISH.
You acknowledge that Jolly Squid Ltd does not pre-screen third party materials in your Project. Jolly Squid Ltd is not the publisher or speaker of any information on the Site that is provided by third-party content providers, and Jolly Squid Ltd is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Jolly Squid Ltd. Jolly Squid Ltd assumes no responsibility for those products or services.
Jolly Squid Ltd may contain links and references to other third-party websites and materials. Jolly Squid Ltd does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Jolly Squid Ltd does not endorse or otherwise recommend any of these third-party websites, references, or the products, services, or information there offered. Jolly Squid Ltd reserves the right to terminate any link or remove any reference found on the Site at any time.
Jolly Squid Ltd MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, JOLLY SQUID DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
you shall not use the Site or engage in any activities, as an applicant or enrolled Participant in any of Jolly Squid Ltd’s Programs, either personally or through an agent, in any manner that:
To ensure that Users of the Site do not engage in Prohibited Conduct, Jolly Squid Ltd reserves the right to monitor the use of the Site and reserves the right to revoke or deny Access to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available beyond that of normal patterns of use that suggests systematic copying of the materials may constitute abuse and may result in revocation or denial of access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Jolly Squid Ltd. You agree not to violate any foreign or international software or technology export laws.
Jolly Squid Ltd is neither affiliated with nor sponsored or endorsed by, any specific product, service, methodology, or person. The owners of any third-party Trademark or copyright appearing on the Site are not sponsors of Jolly Squid Ltd or the Site and have not endorsed and are not affiliated with Jolly Squid Ltd or the Site, and Jolly Squid Ltd is not a sponsor and does not endorse any such third parties.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Jolly Squid Ltd by this Agreement.
The participant hereby agrees to join the specific Telegram groups designated for the program. All notices shall be given by certified mail, or message using the designated social media platform where the Program has a networking group or groups. Notice shall be deemed given three (3) business days after the date of such mailing.
You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. These Terms may be automatically assigned by Jolly Squid Ltd, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer, or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Jolly Squid Ltd does not exercise or enforce any legal right or remedy contained in this Agreement (or which Jolly Squid Ltd has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Jolly Squid Ltd’s rights, and all such rights or remedies shall still be available to Jolly Squid Ltd.
23 Enforcement and Jurisdiction
The enforceability of these Terms and Conditions shall be governed by the laws of the Federal Republic of Nigeria. The prevailing party shall be awarded costs and attorneys fees associated with the enforceability of these Terms and Conditions.
If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. These Terms and any ancillary terms and conditions referenced herein or included in the Sites set forth the entire understanding and agreement between us with respect to the subject