Terms and Conditions
AGREEMENT BETWEEN USER and ANON ARTS LLC
This website, as well as the accompanying application FlipBook, operated by Anon Arts LLC or its affiliates or subsidiaries (“Anon Arts”), is comprised of various web sites, web pages, and software applications. The Anon Arts web site, web pages, and software are offered to you on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Anon Arts web sites, web pages, and software applications constitutes your agreement to all such terms, conditions and notices.
USE OF SITE: PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Flipbook Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. You may display, download and print hard copy portions of the material from this Website created by you. Any other use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission of Anon Arts is strictly prohibited.
Harassment in any manner on the Website or any material published in conjunction with the Website, including via e-mail, chat, comments or uploaded content by obscene or abusive language or language that incites illegal activity is strictly forbidden. Impersonation of others, including a Anon Arts representative or other members or visitors of the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website.
COPYRIGHTS AND TRADEMARKS
The entire non-user content included in this Website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangement thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Anon Arts. The collective work includes works that are licensed to Anon Arts. Copyright 2008-2009. All rights reserved. All trademarks, service marks, trade names (collectively “the Marks”) are trademarks or registered trademarks of and are proprietary to Anon Arts LLC, or other respective owners that have granted Anon Arts the right and license to use such Marks.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration process. These terms and conditions, or any of the, may be modified or terminated by Anon Arts without notice at any time for any reasons. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Anon Arts does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, Anon Arts is merely acting as a passive conduit for such distribution and is not undertaking an obligation or liability relating to any contents or activities on the Site. However, Anon Arts reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violations of a copyright, trademark, or other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Anon Arts at its sole discretion. An automated system for users to report suspicious, abusive or inappropriate conduct or content has been provided in the form of a “Flag as Inappropriate” link.
Any material, information or other communication you transmit, upload or post to this Website (“Communications”) will be considered non-confidential and non-proprietary. Anon Arts will have no obligations with respect to the Communications. Anon Arts and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
THIRD PARTY LINKS
This Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Anon Arts, Anon Arts has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Anon Arts. Anon Arts has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. Links do not imply that Anon Arts sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrights materials displayed on or accessible through such External Sites.
Anon Arts makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any site or External Sites.
This Website and the materials, information, services in this Website, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to any applicable law, Anon Arts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Anon Arts does not represent or warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Anon Arts does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Anon Arts, its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Contra Costa County, California. Anon Arts’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Anon Arts may assign its rights and duties under this Agreement to any party at any time without notice to the use.
Anon Arts makes no representation that materials in this Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access this Website from locations outside of California do so on their own initiative and are responsible for compliance with applicable local laws.
By using this Website, you agree that Anon Arts, at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms and Conditions concerning or, including disputes arising from their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filing gaps in this contract or its adaptation to new circumstances, to final and binding arbitration. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by state.