1.1. Your use of Anagora's products, software, service and web sites (referred to collectively as the "Service" in this document) is subject to the terms of a legal agreement between you and Anagora. This document sets out the terms of that agreement.
1.2. This document forms a legally binding agreement between you and Anagora in relation to your use of the Service. It is important that you take the time to read it carefully. This legal agreement is referred to below as the "Terms".
1.3. These Terms apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Angora, including but not limited to all products, software and services offered via the Anagora website.
1.4. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
2.1. In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Anagora in the user interface for the user account creation; or
(B) by actually using the Service. In this case, you understand and agree that Anagora will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Anagora, or (b) you are a person barred from receiving the Service under the laws of the country in which you are resident or from which you use the Service.
2.4. Before you continue, you should print off or save a local copy of the Terms for your records.
Although Anagora may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version available at http://www.anagora.com/terms. Anagora may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree with the new Terms, you must stop using the Service. Your use of the Service after the date of publication of the new Terms constitutes an acceptance of the new Terms.
4.1. The Service may contain links to third party resources or websites that are not owned or controlled by Anagora. Anagora has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
4.2. In addition, Anagora will not and cannot censor or edit the content of any third-party site nor is Anagora responsible for the availability of these third party resources or websites. By using the Service, you expressly relieve Anagora from any and all liability arising from your use of any third-party resource or website.
4.3. You acknowledge and accept that Anagora cannot be held responsible for losses or damages you may incur arising from the existence of these third party resources and websites.
5.1. In order to access some features of the Service, you will have to create an Anagora account. When creating your account, you must provide accurate and complete information.
5.2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
5.3. You must notify Anagora immediately of any breach of security or unauthorized use of your account.
5.4. You may never use another's account without permission.
5.5. Although Anagora will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Anagora or others due to such unauthorized use.
5.6. You acknowledge and agree that if Anagora disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
6.1. Anagora hereby grants you permission to access and use the Service as set forth in these Terms, provided that:
a. You agree not to distribute in any medium any part of the Service or the Content without Anagora's prior written authorization.
b. You agree not to alter or modify any part of the Service.
c. You agree not to use the Service for any of the following commercial uses unless you obtain Anagora's prior written approval: (i) the sale of access to the Service; or (ii) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content.
d. Prohibited commercial uses do not include: (i) uploading an original image or illustration to Anagora or (ii) maintaining your image and or illustration stock on Anagora, to promote your business or artistic enterprise.
e. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Anagora servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
f. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes.
g. In your use of the Service, you will comply with all applicable laws.
h. Anagora reserves the right to discontinue any aspect of the Service at any time.
6.2. Notwithstanding the foregoing, Anagora grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Anagora reserves the right to revoke these exceptions either generally or in specific cases.
6.3. Anagora is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Anagora provides may change from time to time without prior notice to you.
6.4. As part of this continuing innovation, you acknowledge and agree that Anagora may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Anagora's sole discretion, without prior notice to you.
6.5. You may stop using the Service at any time. You do not need to specifically inform Anagora when you stop using the Service.
6.6. You acknowledge and agree that while Anagora may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Anagora at any time, at Anagora's discretion. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of
7.1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Anagora, subject to copyright and other intellectual property rights under the law.
7.2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms.
7.3. You shall not download any Content unless you see a "download" or similar link displayed by Anagora on the Service for that Content.
7.4. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Anagora or the respective licensors of the Content. Anagora and its licensors reserve all rights not expressly granted in and to the Service and the Content.
7.5. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
7.6. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Anagora is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Anagora with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Anagora, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
8.1. As an Anagora account holder you may submit Content to the Service, including images, illustrations, text and user comments. You understand that Anagora does not guarantee any confidentiality with respect to any Content you submit.
8.2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Anagora all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms.
8.3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Anagora, you hereby grant Anagora a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Anagora's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
8.4. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute and display such Content as permitted through the functionality of the Service and under these Terms.
8.5. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service.
8.6. You understand and agree, however, that Anagora may retain, but not display or distribute, server copies of your images and illustrations that have been removed or deleted.
8.7. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
8.8. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Anagora all of the license rights granted herein.
8.9. You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
8.10. Anagora does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Anagora expressly disclaims any and all liability in connection with Content.
8.11. Anagora does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Anagora will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Anagora reserves the right to remove Content without prior notice.
8.12. You acknowledge that by using the Service, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. In its Content hosting role Anagora shall not be held responsible for such Content.
9.1. You may provide to Anagora suggestions and feedback to improve the service in any aspect including, but not limited to: performance, features, design or content.
9.2. You acknowledge that all feedback and suggestions shall be given entirely voluntarily.
9.3. You hereby grant to Anagora under all your patents that are fully embodied in or otherwise necessarily infringed by the use or the implementation of the feedback or suggestions, under your copyright and under your intellectual property rights (but not under trademarks, service marks or brand) a worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up license, to use, disclose, reproduce, license, distribute, exploit, employ and commercialize the feedback and suggestions to improve the Service.
10.1. Anagora will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
10.2. Anagora reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length.
10.3. Anagora may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms.
11.1. The Service is provided AS IS.
11.2. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANAGORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ANAGORA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANAGORA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ANAGORA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12.1. In these Terms, it is expressly acknowledged that Anagora acts as a Content hosting service. As such, Anagora has no obligation whatsoever to monitor any of the Content that is submitted or provided through the Service.
12.2. IN NO EVENT SHALL ANAGORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12.3. YOU SPECIFICALLY ACKNOWLEDGE THAT ANAGORA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12.4The Service is controlled and offered by Anagora from its facilities in France. Anagora makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Anagora, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Anagora without restriction.
16.1. The Terms constitute the whole legal agreement between you and Anagora and govern your use of the Service (but excluding any services which Anagora may provide to you under a separate written agreement), and completely replace any prior agreements between you and Anagora in relation to the Service.
16.2. You agree that Anagora may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
16.3. You agree that if Anagora does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Anagora has the benefit of under any applicable law), this will not be taken to be a formal waiver of Anagora's rights and that those rights or remedies will still be available to Anagora.
16.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.5. The Terms, and your relationship with Anagora under the Terms, shall be governed by the laws of France without regard to its conflict of laws provisions. You and Anagora agree to submit to the exclusive jurisdiction of the courts located Paris, France to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Anagora shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16.6. YOU AND ANAGORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.