Anara Terms of Service
These Terms of Service (“Terms”) are a legal contract between you (“you”) and Anara Labs, Inc. (“Anara”, “us”, “our” or “we”) and govern your use of all the text, data, information, software, graphics, videos, audio, photographs and other materials (collectively referred to as “Materials”) that we and our affiliates may make available to you through any area of the https://www.anara.com/ website (the “Site”), and any services we may provide through the Site (the “Services” and, collectively with the Site and Materials, the “Platform”). READ THESE TERMS CAREFULLY BEFORE BROWSING THE SITE OR OTHERWISE USING THE PLATFORM. USING THE SITE, MATERIALS AND/OR ANY SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE PLATFORM IF YOU DO NOT ACCEPT THESE TERMS. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ANARA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. The Platform is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (“HIPAA”) or the Federal Information Security Management Act (“FISMA”), so if your interactions would be subjected to such laws, you may not use this Platform.Changes
We may alter the Materials and Services we offer you and/or may choose to modify, suspend or discontinue any part or all of the Platform at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the Site and, if you have registered with us (as described below), by describing the modifications to these Terms in an email that we will send to the address associated with your account in our records. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration. If you object to any such modifications, your sole recourse shall be to cease using the Platform. Continued use of the Platform following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site or on the sites of our partners. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.General Use
By using the Platform, you agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Platform and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms. In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access, use and to display the Materials on the Site for your personal, non-commercial use when using the Site; your right to use the Materials is conditioned on your compliance with these Terms. You may not distribute, publicly display, publicly perform or otherwise use the Materials outside the Platform. You have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Platform or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Platform. You are responsible for complying with these Terms when you access and use the Platform. Unfortunately, if you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).Using the Services
You need not register with us to simply visit and view the Site. However, in order to access certain Services you must successfully register with us. If you want an account with us, you must submit all of the information required on the account registration page on the Site. Once you submit the required registration information, we will determine whether or not to approve your proposed account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. It is your responsibility to obtain and maintain all equipment and services needed for you to access and use the Site and Services, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s). Unless expressly permitted in writing by Anara, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your password or security for the Platform has been breached in any way, you must immediately notify us. Subject to your compliance with the terms and conditions contained in these Terms, Anara, during the relevant term for which you have subscribed to use Anara Services (the “Subscription Term”), hereby grants you and, if applicable, those of your employees, consultants, contractors, and/or agents: (a) for whom a subscription to access to the Service(s) during the Subscription Term has been purchased, (b) who are authorized by you to access and use the Service(s), and (c) who have been supplied user identifications and passwords for such purpose by you (or by Anara at your request) (“Authorized Users”), a limited, non-exclusive, non-transferable right to access and use the Service(s) for which you have subscribed in accordance with the applicable documentation and in each case solely for your internal business use and not to provide the Service(s) to any other person or entity. Your use of the Services may be subject to certain limitations – for example, certain functionality only available to those users who have subscribed to use it. If your subscription includes the use of a Anara desktop application (a “Anara Application”), then, subject to your compliance with these Terms, Anara hereby grants you, during the applicable Subscription Term, a limited, non-exclusive, non-transferable and non-sublicensable right to (a) download, copy, and install in accordance with the applicable documentation such Anara Application(s) on computer(s) owned or leased, and controlled by you; and (b) execute and otherwise use the Anara Applications, in accordance with these Terms and the applicable documentation, solely for you internal business purposes in using the Services. You acknowledge and agree that the Anara Applications are provided under license and not sold. You do not acquire any ownership interest in the Anara Applications under these Terms, or any other rights thereto other than to use the Anara Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions in, these Terms. We distribute mobile applications (“Mobile Applications”) that permit users to access and use certain Services via a mobile device. To use a Mobile Application, you must have a mobile device that is compatible with it. We do not warrant that any of the Mobile Applications will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):- You acknowledge that these Terms of Use are between you and Anara only, and not with Apple, Inc. (“Apple”).
- Your use of the iOS App must comply with Apple’s then-current Apple Media Services Terms and Conditions.
- Anara, and not Apple, is solely responsible for the iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
- You agree that Anara, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the OS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App.
- You agree that Anara, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of the iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
- You acknowledge that these Terms of Use are between you and Anara only, and not with Google, Inc. (“Google”).
- Your use of the Android App must comply with Google’s then-current Google Play Store Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Anara, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms of Use.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to the Android App..
Payments
You agree to pay all fees applicable to your and your Authorized Users’ use of the Services using one of the payment methods Anara supports. Except as otherwise specified in these Terms, (a) fees are based on Services purchased, regardless of actual usage, and (b) payment obligations are non-cancelable and fees paid are non-refundable. Subscription fees are based on recurring subscription periods that begin on the subscription start date and each monthly, yearly, quarterly, etc. anniversary thereof; therefore, fees for subscriptions added in the middle of a subscription period will be charged for that full month, year, quarter period (as applicable) and the periods remaining in the subscription term. All amounts payable under these Terms will be made without setoff or counterclaim, and without any deduction or withholding. If you elect to pay by credit card, Anara or our third-party payment processor will charge your payment method on the date that you subscribe to use the applicable Service(s). By providing a payment method, you expressly authorize Anara and/or our third-party payment processor to charge the applicable fees to said payment method as well as taxes and other charges incurred thereto. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. You agree to pay all invoiced amounts within thirty (30) calendar days of the invoice date. If Anara does not receive fees by the due date, then at our discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If any amounts owed by you for the Services are more than thirty (30) days overdue, Anara may, to the extent permitted by applicable law, and without limiting our other rights and remedies, suspend your and your Authorized Users’ access to the Platform until such amounts are paid in full; provided that Anara agrees that it will not exercise its rights under this Section if the applicable charges are under reasonable and good-faith dispute and you are cooperating diligently to resolve the dispute. IMPORTANT NOTICE — AUTOMATIC RENEWAL: IF YOU HAVE SUBSCRIBED TO AN AUTOMATICALLY RENEWING SUBSCRIPTION, BEGINNING WITH THE FIRST SUBSCRIPTION PERIOD FOLLOWING THE END OF THE SUBSCRIPTION PERIOD FOR WHICH YOU INITIALLY SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION. EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION TERM. AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, WE OR OUR THIRD-PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE FEE AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION DATE OF YOUR PREVIOUS SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND CANCELLING. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION LATER THAN [THE LAST DAY OF YOUR CURRENT SUBSCRIPTION TERM, YOU WILL NOT RECEIVE A REFUND, BUT WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID. WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT MONTH (FOR MONTHLY SUBSCRIPTIONS), QUARTER (FOR QUARTERLY SUBSCRIPTIONS) OR YEAR (FOR ANNUAL SUBSCRIPTIONS) FOR WHICH YOU HAVE PAID), UPON 30 DAYS ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE 30-DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE BY LOGGING INTO YOUR ACCOUNT AND CANCELLING, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.Electronic Communications
By using the Platform (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message). These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.Privacy
We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) https://anara.com/privacy, which explains how we use such information. If you use the Services to process Personal Data (as defined by applicable data protection law) as an enterprise or business customer and applicable state privacy laws require specific contractual restrictions on Anara’s processing of such Personal Data, you and Anara will enter into the Anara data processing addendum (https://anara.com/dpa), which is incorporated by reference into these Terms. You acknowledge that the Services are not suitable for the provision, transmission, receipt, or other processing of protected health information (as that term is defined by HIPAA). As such, you agree that you will not upload any User Data that includes and/or references personal health information that is protected by HIPAA.Third Party Offerings; Third Party Hosting
The Services may contain features designed to interoperate with certain software or services delivered or performed by third parties (“Third Party Offerings”). To use such features, you may be required to obtain access to such Third Party Offering from the providers of such offerings. Any acquisition by you of any such Third Party Offerings, and any exchange of data between you and any provider of a Third Party Offering, is solely between you and the applicable provider of the Third Party Offering. Anara does not warrant or support any Third Party Offering, whether or not such offerings are designated by Anara as “certified” or otherwise. If you install or enable any Third Party Offering for use with the Services, you acknowledge that we may allow providers of that Third Party Offering to access User Data and User Content (each as defined below) as required for the interoperation and support of such Third Party Offering with the Services. Anara shall not be responsible for any disclosure, modification or deletion of User Data or User Content resulting from any such access by the providers of Third Party Offerings. If the provider of any Third Party Offering ceases to make the Third Party Offering available for interoperation with the corresponding Service features on reasonable terms, Anara may cease providing such features without entitling you to any refund, credit, or other compensation. To the extent that Anara requires that you provide us with authorizations, passwords or other user credentials to a Third Party Offering (“Third Party Access Codes”) to retrieve User Data and/or User Content or to enable interoperability with the Services, you will promptly provide such Third Party Access Codes. We will not share, reassign, divulge or disclose any Third Party Access Codes except to our employees or contractors. We may use the services of one or more third parties to deliver any part of the Services. We will pass through any warranties to the extent that we receive such service providers that we can provide to you. You agree to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to you from time to time.Links to Third-Party Websites
We sometimes provide links on the Platform to third-party websites. If you use these links, you will leave our Platform. We are not obligated to review any third-party websites that you link to from the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated on the Platform, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. As part of the functionality of the Site, you may be permitted to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. YOU AGREE THAT ANARA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Platform to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Anara’s endorsement or recommendation.User Provided Content and Data
To the extent you provide Anara with or access to any data or materials owned, and/or licensed to you (“User Data”), you hereby grant Anara a non-exclusive, royalty-free, fully-paid-up right and license to use such User Data (a) during the relevant Subscription Term(s), for the purpose of performing its obligations and providing the applicable Services to you under this these Terms, and (b) perpetually and irrevocably, to use such User Data to create Aggregated Statistics (as defined below). To the extent that you use the Services to process third party data or User Data, you shall comply with all applicable laws and industry standards in your collection, processing and use of such data, and you represent and warrant that you have the right to provide such User Data and that Anara may process such User Data for the purpose of providing the Services as contemplated herein. Notwithstanding anything else in these Terms or otherwise, Anara may monitor your use of the Platform and use data and information related to such use and User Data (collectively, “User Content”) in an aggregate and anonymous manner, including to compile statistical and performance information and prepare and maintain analytics related to the provision and operation of the Platform (“Aggregated Statistics”). As between Anara and you, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by Anara. You acknowledge that Anara will be compiling Aggregated Statistics based on User Content input, uploaded or otherwise transmitted to the Platform and you agree that Anara may (a) make such Aggregated Statistics publicly available, and (b) use such information in compliance with applicable law or regulation and for purposes of data gathering, analysis, service and product enhancement and marketing, provided that such data and information does not identify you or your Confidential Information.Reliance on Third-Party Content
Opinions, advice, statements, or other information made available on the Platform are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. ANARA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL ANARA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OR BY ANY THIRD-PARTY. You also understand that by accessing and using the Platform, you may encounter information, materials and subject matter that you or others may deem offensive, indecent, or objectionable. You agree to use the Platform at your sole risk and that Anara and our affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.Unauthorized Activities
Unauthorized use of the Platform may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):- for any use of the Materials on another site;
- in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- to stalk, harass, or harm another individual;
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- in a manner that may create a conflict of interest or undermine the purposes of the Services, such writing fake reviews;
- in a manner that infringes any copyright, trademark or other intellectual property or privacy rights of any other person;
- to interfere with or disrupt the Platform or servers or networks connected to the Platform;
- to harvest or collect email addresses or other contact information of other users of the Platform;
- to use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
- to attempt to circumvent any content filtering techniques we employ or to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.
Proprietary Rights
As between Anara and you, all right, title and interest in the Platform, all software, models and algorithms used to provide the Platform, the Mobile Applications, the Anara Applications and any other Anara materials furnished or made available hereunder, and all modifications, enhancements and derivative works thereof, and all suggestions, ideas and feedback proposed by you regarding the Platform, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by Anara or Anara’s licensors and providers, as applicable. As between Anara and you, all right, title and interest in the User Data and all intellectual property rights therein and thereto, belong to and are retained solely by you. You acknowledge and agree that certain of the Services utilize machine learning and artificial intelligence to process User Data and generate documents and other results. To the extent Anara obtains any intellectual property rights in or to any such output generated and returned to you through your use of the Platform with your User Data (“Customer Results”), Anara hereby assigns and agrees to assign to you all right, title and interest in and to such Customer Results. You understand and agree that, notwithstanding the foregoing, due to the nature of machine learning, output generated and returned to users of the Platform may not be unique across users and the Platform may generate the same or similar output third party. You understand and agree that output generated for other users through the use of their User Data is not considered to be your Customer Results, regardless of any similarity to your Customer Results. The trademarks, service marks, and logos of Anara (“Our Trademarks”) used and displayed on various parts of the Platform are registered and unregistered trademarks or service marks of Anara. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Platform are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.Intellectual Property Infringement
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violates intellectual property rights of others, suspending access to the Platform (or any portion thereof) to any user who uses the Platform in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Platform in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to our agent for notice of claims of infringement: Attn: Copyright Agent Email: support@anara.com To be sure the matter is handled immediately, your written notice must:- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:- Your physical or electronic signature;
- 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;
- 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
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a 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 we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.