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1.Your Acceptance
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1.1
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BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available
through the Aniboom.com domain name, the "Aniboom Website", or "Website"), YOU SIGNIFY
YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"). If you do not
agree to any of these terms, then please do not use the Aniboom Website.
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2.Aniboom Website
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2.1
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These Terms of Service apply to all users of the Aniboom Website, including users
who are also contributors of animation content and other materials or services on
the Website. The Aniboom Website may contain links to third party websites that
are not owned or controlled by Aniboom. Aniboom has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, Aniboom will not and cannot censor or edit the content
of any third-party site. By using the Website, you expressly relieve Aniboom from
any and all liability arising from your use of any third-party website. Accordingly,
we encourage you to be aware when you leave the Aniboom Website and to read the
terms and conditions and privacy policy of each other website that you visit.
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3.Website Access
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3.1
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Aniboom hereby grants you permission to use the Website as set forth in this Terms
of Service, provided that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without Aniboom's prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service
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3.2
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In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You must notify Aniboom immediately of any breach of security or unauthorized
use of your account. Although Aniboom will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of Aniboom
or others due to such unauthorized use.
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4.Intellectual Property Rights
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4.1
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The content on the Aniboom Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
Aniboom Content on the Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. Aniboom reserves
all rights not expressly granted in and to the Website and the Content. You agree
to not engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security related
features of the Aniboom Website or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the Aniboom Website or the Content
therein.
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5.Copyright Infringement Notice:
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5.1
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Unauthorized copying or distribution of copyrighted Content is an infringement of the copyright holder’s rights. At our discretion and in appropriate circumstances (including repeated offenses), Aniboom may revoke the license of users who infringe upon the copyright, or other intellectual property rights, of others. If you are a copyright holder who believes that Aniboom's Website is hosting or linking directly to infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Website is:
Attn: Copyright Agent
Aniboom, Inc.
5 Morton St, Ground Floor
New York, New York
info@aniboom.com
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5.2
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Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Website must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
C. Information related to the work(s) reasonably sufficient for Aniboom to promptly locate the work (e.g. title of work, location within the Website, etc.);
D. Information reasonably sufficient to permit Aniboom to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
E. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
F. A statement requesting that Aniboom take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
G. 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.
In the event your copyright infringement notice is discovered to be false, Aniboom reserves its' rights to take any legal measure it is entitled to under the law against you.
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6.User Submissions
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6.1
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Materials shall be submitted to The Aniboom Website in accordance with the Submission
Agreement . You may not submit any Materials to The Aniboom Website unless you sign
the Submission Agreement.
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7.Warranty Disclaimer
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7.1
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YOU AGREE THAT YOUR USE OF THE Aniboom WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, Aniboom, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. Aniboom 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONSIN 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 Aniboom WEBSITE. Aniboom DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE Aniboom WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND Aniboom 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.
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8. Limitation of Liability
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8.1
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IN NO EVENT SHALL Aniboom, 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 WEBSITE, (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
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE 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 Aniboom WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT 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.
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8.2
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YOU SPECIFICALLY ACKNOWLEDGE THAT Aniboom SHALL NOT BE LIABLE FOR USER SUBMISSIONS
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.
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8.3
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The Website is controlled and offered by Aniboom from its facilities Israel. Aniboom
makes no representations that the Aniboom Website is appropriate or available for
use in other locations. Those who access or use the Aniboom Website from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
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9.Indemnity
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9.1
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You agree to defend, indemnify and hold harmless Aniboom, 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 Aniboom Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Aniboom Website.
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10.Ability to Accept Terms of Service
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10.1
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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 of Service, and to abide by and comply with
these Terms of Service.
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11.Assignment
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11.1
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These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Aniboom without restriction.
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12.General
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12.1
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You agree that: (i) the Aniboom Website shall be deemed solely based in Israel;
and (ii) the Aniboom Website shall be deemed a passive website that does not give
rise to personal jurisdiction over Aniboom, either specific or general, in jurisdictions
other than Israel. These Terms of Service shall be governed by the laws of the State
of Israel. Any claim or dispute between you and Aniboom that arises in whole or
in part from the Aniboom Website shall be decided exclusively by a court of competent
jurisdiction located Tel-Aviv, Israel. These Terms of Service, The Submission Agreement
together with and any other legal notices published by Aniboom on the Website, shall
constitute the entire agreement between you and Aniboom concerning the Aniboom Website.
If any provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and Aniboom's failure
to assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. Aniboom reserves the right to amend these Terms
of Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the Aniboom Website following
any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND Aniboom AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE Aniboom WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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13.Privacy
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We are committed to safeguarding the privacy of our website visitors; this policy
sets out how we will treat your personal information.
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13.1
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Information We Collect
We only collect information that we believe will improve our ability to offer this
service to you. Like the operators of most websites, we use analytic and reporting
technologies to record Non-Personal Information.
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13.2
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Using your personal data
Personal data submitted on this website will be used for the purposes specified
in this privacy policy or in relevant parts of the website. We will not without
your express consent provide your personal information to any third parties for
the purpose of direct marketing.
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13.3
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Security of your personal data
We will take all reasonable precautions to prevent the loss, misuse or alteration
of your personal information. Of course, data transmission over the internet is
inherently insecure, and we cannot guarantee the security of data sent over the
internet.
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13.4
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Policy amendments
We may update this privacy policy from time-to-time by posting a new version on
our website. It is your responsibility to check the site periodically to stay up
to date with the privacy policy.
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13.4
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Third party websites
The website contains external links to other websites. We are not responsible for
the privacy policies of third party websites.
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13.4
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Contact
If you have any questions about this privacy policy or our treatment of your personal
data, please email us at info@Aniboom.com
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