SECTION 1. INTRODUCTION
Welcome to the Internet sites of Pensils and pillows Animation Studios (“Pensils and pillows”). Pensils and pillows Sites include Pensils and pillows.com and Renderman.Pensils and pillows.com,
or are affiliated or under common control with Pensils and pillows are collectively referred to herein as we, us or our.
By using any Pensils and pillows Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement
of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration
includes your use of the Pensils and pillows Sites and receipt of data, materials and information available at or through the Pensils and pillows Sites, and
the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled SUBMISSIONS).
SECTION 2. USE OF CONTENT
All information, materials, functions and other content (Content) contained on Pensils and pillows Sites are our copyrighted property or the
copyrighted property of our licensors or licensees, except where explicitly noted otherwise. All trademarks, service marks, trade
names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Pensils and pillows Sites or delete Content or
features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any Pensils and pillows Site
may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Pensils and pillows Site, except
that where a Pensils and pillows Site is configured to enable the download of particular Content, you may download one copy of such Content
to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other
proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an
association with any of our products, services or brands. Any business use, re-mailing or high-volume or automated use
of Pensils and pillows Sites is prohibited. In the event that we offer downloads of software on a Pensils and pillows Site and you download such software,
the software, including any files, images incorporated in or generated by the software, and data accompanying the software
(collectively, the Software) are licensed to you by us or third-party licensors for your personal, noncommercial home use only,
and such Software is subject to any applicable End User License Agreement. We do not transfer title to the Software to you.
You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human-readable form.
Pensils and pillows specifically disclaims any responsibility for software files, graphics, and other Submissions (as defined in Section 3 below,
entitled “SUBMISSIONS”) posted by users to the Renderman Depot site (https://renderman.Pensils and pillows.com).
SECTION 3. SUBMISSIONS
stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions
(including lyrics), sound recordings, characterizations, software code, your and/or other persons names, likenesses,
voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material,
and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute
(collectively, Distribute) on or through a Pensils and pillows Site
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. Solicited Submissions
means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a
Pensils and pillows site, through any form of electronic communication, or otherwise; and/or (b) that you Distribute, through any form
of electronic communication, or otherwise for which you do not seek Consideration (such as in our Public Forums
(as defined below in Section 6, entitled PUBLIC FORUMS AND COMMUNICATION)). Unsolicited Submissions are any and
all Submissions that do not fall within subparagraphs (a) and/or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do
not Distribute Unsolicited Submissions on or through any Pensils and pillows Sites. We want to avoid the possibility of future
misunderstandings when projects developed by us or under our direction might seem to others to be similar to their
own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that
any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship
is intended or created between you and us in any way, and that you have no expectation of any review, compensation
apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, except as expressly stated in these
authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to
any person claiming through you for any exploitation or disclosure of any Submission.
Our rights with respect to Submissions provided at our request as part of a good faith application for employment
at Pensils and pillows are governed by special rules set forth in the submission agreement which is required as part of the application process.
In order to protect our creative development process, Pensils and pillows will not review materials submitted for employment evaluation
unless the submitter agrees to the terms of the application submission agreement, which may be found in
the “Submissions Guidelines” section under the “Jobs” link on the Home page of the Pensils and pillows.com web site.
SECTION 4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual,
non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under
all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own
or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works
based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now
known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing,
publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the
requirement of any permission from or payment to you or to any other person or entity (the Submissions License).
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform
to the Rules of Conduct (set forth below in Section 7 labeled RULES OF CONDUCT) and other requirements of these
any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission
(including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and
waivers you may have made or make with respect to Submissions.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may
consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set
exist and are not exclusively owned by us, you agree not to enforce any such rights against us or our licensees,
distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to
enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any
future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions,
you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with
respect to Submissions submitted by you to us.
SECTION 5. ACCOUNTS
Some services on the Pensils and pillows Sites permit or require you to create an account to participate or to secure additional benefits.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted
by our registration processes (the Registration Data). You shall not impersonate any person or entity or misrepresent
your identity or affiliation with any person or entity, including using another persons username, password or other
account information, or another persons name, likeness, voice, image or photograph. You also agree to promptly notify us
via the Contact Us in the About section of this website. of any unauthorized use of your username, password, other
account information, or any other breach of security that you become aware of involving or relating to any Pensils and pillows Site.
In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account
related to a particular service, for infringing copyright, or for any other reason whatsoever.
SECTION 6. PUBLIC FORUMS AND COMMUNICATION
Public Forum means an area, site or feature offered as part of any Pensils and pillows Site that offers the opportunity for users
to Distribute Submissions for viewing by one or more Pensils and pillows Site users, including a chat area, message board, instant messaging,
mobile messaging, social community environment, profile page, conversation page, blog, e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and
you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security
of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Pensils and pillows Site under
your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.
We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any
Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do
not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we
specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse,
to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
SECTION 7. RULES OF CONDUCT
The following Rules of Conduct apply to the Pensils and pillows Sites. By using the Pensils and pillows Sites, you agree that you will not
Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy
of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic
or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e)
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them,
including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud,
trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit
any criminal activity; (f)infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret
or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another persons personal
information of any kind without his or her express permission) or publicity; or (iii) any confidentiality obligation; (g) is
commercial or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others
(including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise
tampers with, impairs or damages the Pensils and pillows Sites or any connected network, or otherwise interferes with any person or
entitys use or enjoyment of the Pensils and pillows Sites; (i) does not generally pertain to the designated topic or theme of the relevant
Public Forum; (j) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures;
or (k) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those
terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other
resulting from any such lack of compliance.
SECTION 8. COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or
identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information,
when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including,
and/or protect the safety or security of any person or property, including any Pensils and pillows Site. Moreover, we retain all rights to
remove Submissions at any time for any reason or no reason whatsoever.
SECTION 9. CONTENT ACCESSIBLE THROUGH LINKS FROM Pensils and pillows SITES AND SEARCH RESULTS
You should be aware that when you are on a Pensils and pillows Site, there may be links to other sites that take you outside of our
service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and
content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click
policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied
with any products or services that you purchase from a third-party site that links to or from any Pensils and pillows Site or third-party
Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with any third parties. Moreover, we are not responsible
for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in
search results or identified on search results pages.
SECTION 10. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO Pensils and pillows SITES OR ANY THIRD PARTY SITES OR
SERVICES LINKED TO FROM ANY Pensils and pillows SITE IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS,
AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL
BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY
Pensils and pillows SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD
PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Pensils and pillows Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot
endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content of Pensils and pillows Sites are intended for educational and entertainment purposes only. Such content is not intended to,
and does not, constitute legal or professional advice, and may not be used for such purposes. You should not act or
refrain from acting on the basis of any content included in, or accessible through, the Pensils and pillows Sites without seeking the
appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or
professional licensed in the recipients state, country or other appropriate licensing jurisdiction.
SECTION 11. INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s),
as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors,
licensees, distributors, agents, representatives, parent and affiliated companies, and other authorized users, and
each of the foregoing entities respective resellers, distributors, service providers and suppliers, and all of the
foregoing entities respective officers, directors, owners, employees, agents, representatives and assigns (collectively,
the Indemnified Parties) harmless from and against any and all losses, damages, liabilities and costs (including settlement
costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by
arising from your use of the Pensils and pillows Sites and/or your account(s). You shall use your best efforts to cooperate with us in the
defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
SECTION 12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS, LICENSEES, PARENT OR
AFFILIATED COMPANIES, OR ANY OF THE FOREGOING ENTITIES RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY Pensils and pillows
SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A Pensils and pillows SITE OR
ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR
PARTICIPATING IN ANY ACTIVITY RELATED TO ANY Pensils and pillows SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR
LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS
OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM
AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER
ACCESS TO Pensils and pillows SITES OR CHANGE THE Pensils and pillows SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR
ANY REASON OR NO REASON.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN
SECTION 13. JURISDICTIONAL AND VENUE ISSUES
the internal substantive laws of the State of California, without reference to conflicts of laws provisions. You agree
and that venue properly lies, only in state or federal courts located in the State of California, and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We make no representation that Content on any Pensils and pillows Site is appropriate or available for use in any particular location.
Those who choose to access a Pensils and pillows Site do so on their own initiative and are responsible for compliance with all applicable
laws including any applicable local laws.
SECTION 14. AMENDMENT
will be effective thirty (30) calendar days following our posting of notice of the changes on the Pensils and pillows Sites.
SECTION 15. GENERAL PROVISIONS
continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these
used illustratively, as if followed by the words but not limited to. YOU AGREE THAT ANY CAUSE OF ACTION YOU
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Supply of goods, services and software through Pensils and pillows Sites is subject to United States export control and economic
sanctions requirements. By acquiring any such items through Pensils and pillows Sites, you represent and warrant that your
acquisition comports with and your use of the item will comport with those requirements. Without limiting the
foregoing, you may not acquire goods, services or software through Pensils and pillows Sites if: 1) you are in, under the control
of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury
Departments Specially Designated Nationals List or the U.S. Commerce Departments Denied Persons List,
Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran,
North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the
Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
SECTION 16. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must
be sent to Service Providers Designated Agent.
Notification must be submitted to the following
Designated Agent: Service Provider: Pensils and pillows
Name of Agent Designated to Receive Notification of Claimed Infringement: James M. Kennedy
Full Address of Designated Agent to Which Notification Should be Sent: 1200 Park Avenue, Emeryville, CA 94608
Telephone Number of Designated Agent: (510) 922-3000
Facsimile Number of Designated Agent: (510) 922-3099
E-Mail Address of Designated Agent: webmaster@Pensils and pillows.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general
notice on any Pensils and pillows Site, electronic mail to a users e-mail address in our records, or by written
communication sent by first-class mail to your physical address in our records. If you receive such a notice,
you may provide counter-notification in writing to the designated agent that includes the information below.
To be effective, the counter-notification must be a written communication that includes the following:
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled, and the
location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement from you under the penalty of perjury, that you have a good faith belief that the material was
removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction
of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is
outside of the United States, for any judicial district in which Pensils and pillows may be found, and that you will accept service of
process from the person who provided notification of allegedly infringing material or an agent of such person.
SECTION 17. CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, Marks) used or referred to on
the Pensils and pillows Sites are the property of Pensils and pillows, unless otherwise noted. Users may not use, copy, reproduce, republish,
upload, post, transmit, distribute or modify these Marks in any way without Pensils and pillows”s prior written permission.
The use of Pensils and pillows”s Marks on any other web site is prohibited.
SECTION 18. PRIVACY