Privacy, Terms and Conditions
1.Your Acceptance
1.1 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.
2.aniBoom Website
2.1 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.
3.Website Access
3.1 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
3.2 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.
4.Intellectual Property Rights
4.1 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.
5.Copyright Infringement Notice:
5.1 You can file a Copyright Infringement Notice according to the terms of this section.
5.2 A copyright infringement notice is required to be in writing addressed to legal@aniBoom.com. The infringement notice should include four material issues, as follows: (1) A declaration that you are the owner of an exclusive right that is allegedly infringed. (2)The identity and specifications of the copyright work you claim to have been infringed. (3) The identity and specifications of the work you claim to be infringing your rights in the said copyright work. (4) A declaration of your intention to commence legal proceedings against the alleged infringer.
5.3 Following the receipt of your notice, and provided that The aniBoom Website can locate the alleged infringer, and intends to send to the alleged infringer a copy of your notice and to demand from the alleged infringer to remove the allegedly infringing material from The aniBoom Webiste, or take any other steps as based on careful consideration.
5.4 In the event your copyright infringement notice is discovered to be false, The aniBoom Website reserve its' rights to take any legal measure it is entitled to under the law against you.
6.User Submissions
6.1 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.
7.Warranty Disclaimer
7.1 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.
8. Limitation of Liability
8.1 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.
8.2 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.
8.3 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.
9.Indemnity
9.1 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.
10.Ability to Accept Terms of Service
10.1 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.
11.Assignment
11.1 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.
12.General
12.1 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.
13.Privacy
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.4 Third party websites
The website contains external links to other websites. We are not responsible for the privacy policies of third party websites.
13.4 Contact
If you have any questions about this privacy policy or our treatment of your personal data, please email us at info@aniBoom.com