Please read the following Terms of Service Agreement ("Agreement") carefully before ordering, downloading or using any of our products or our services, so that you will be aware of your legal rights and obligations with respect to Anovea.
By using this website, our products and/or services or any portion thereof, you signify your irrevocable acceptance of this Agreement. You also agree to ensure that anyone who uses our products or services on any computer you have or control also abides by the Agreement.
Anovea maintains the right to modify the Agreement at any time without providing notice to its users. Your continued use of Anovea's products and/or services shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of our services at any time. We may also impose limits on certain features or restrict your access to services without notice or liability.
A license ("License") is granted for you use of the products ("Products") and services ("Services") provided by Anovea (together the "Licensed Materials") subject to conditions stated herein.
The Licensed Materials remain the sole property of Anovea. Nothing contained in this Agreement grants or confers, or shall be construed to grant or confer, any rights to the Licensed Materials by license or otherwise, expressly or by implication, except the express limited rights set forth herein. You shall not take any action that jeopardizes Anovea's proprietary rights to the Licensed Materials as detailed herein.
License is non-exclusive, non-transferable, and revocable. License is effective until terminated by either you or Anovea.
You may use the Licensed Materials solely on computer systems owned, leased or otherwise under your control.
You may not sell, rent, license, distribute transfer or otherwise provide in any way any copy of all or part of the Licensed Materials either directly to end users or indirectly through distributors, dealers, resellers, agents and other third parties.
As part of the registration process for use of the Licensed Materials, and as a condition for continuing use of the Services, you are required to set up an account ("Account") which includes "User Account Information", including the selection of a unique identifier ("User Name"), a password ("Password") and possibly provision of other information. On successful completion of the registration process, you will be provided with an access code for use of the Services. In the course of using the Services in an active account, you may store and retrieve information, including recordings of passphrases or other files and data ("Content").
You agree to provide Anovea with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
You may not (i) select or use a User Name of another person or company with the intent to impersonate that person or company; (ii) use a User Name subject to the rights of any other person; or (iii) use a User Name that Anovea, in its sole discretion, deems inappropriate or offensive.
You shall notify Anovea of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Account information, including your User Name and Password.
You agree not to access, or attempt to access, the Services by other than the means provided in the Licensed Materials, unless you have been specifically authorized to do so by prior written agreement from Anovea.
You agree not to engage in any activity that interferes with, damages, disables, disrupts, impairs or overburdens the Services, or the servers or network that provide the Services, nor to use the Services in any manner that could prevent or interfere with the use of other clients' use of Anovea's Services.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of this Agreement, at Anovea's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Upon termination of this Agreement, you acknowledge that Anovea may disable access to your Account and prevent you from accessing the Services, your Account information or any Content contained in your Account.
Anovea may from time to time, at its discretion, decide to modify its Licensed Materials, for example to fix bugs, upgrade, enhance or further develop the Products or Services. As a condition of this Agreement, you agree to accept these updates. Anovea does not guarantee that updated versions of the Licensed Materials will be compatible with current versions in specifications, performance or functionality.
Except as expressly provided otherwise in a written agreement between you and Anovea, the Licensed Materials provided by Anovea are provided on an "as is" basis and are without warranties or representations of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Anovea disclaims all warranties, express or implied, including, but not limited to, implied warranties of quality, performance, merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, Anovea does not warrant that the functions contained in the Licensed Materials will be uninterrupted, timely or error-free, that defects will be corrected, or that the Licensed Materials or the server that makes them available are free of viruses or other harmful components. Anovea does not warrant or make any representations regarding the use or the results of the use of the Licensed Materials in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Any Content uploaded to Anovea's servers is done solely at your own risk. Anovea does not warrant that the Content provided to the servers will be maintained or that it is unsusceptible to loss or damage.
Under no circumstances, including, but not limited to, negligence, shall Anovea be liable for any special or consequential loss or damage that result from the use of, or the inability to use, Anovea's products and/or services, including without limitation damages resulting from loss of profits, data or business, even if Anovea has been advised of the possibility of such damages. You are solely responsible for adequate protection and backup of any data used in conjunction with the Licensed Materials. No advice or information, whether written or oral, obtained by you from Anovea shall create any warranty not expressly stated in the Agreement. In no event shall Anovea's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for initial purchase of the Licensed Materials.
You agree to defend, indemnify and hold harmless Anovea, its officers, directors, employees and agents, from and against all losses, claims, liabilities, damages, costs and expenses, including reasonable attorney fees, arising from any action, claim, demand, suit, proceeding, liability or settlement arising out of your use of the Licensed Materials provided under this Agreement.
By accepting this Agreement, you acknowledge and agree that the Licensed Materials contain proprietary and confidential information of Anovea and Intellectual Property rights that is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and that Anovea owns all right, title and interest in and to the Licensed Material, including without limitation all Intellectual Property Rights therein and thereto. You agree that you will not (a) attempt to reverse engineer, decompile, disassemble or decrypt the Licensed Materials or any portion thereof, (b) create, generate or compile the source code of the Licensed Materials, or (c) aid or permit others to do so.
This Agreement does not grant you any intellectual property rights or other rights to the Licensed Materials. You agree not to modify or create derivative works based upon the Licensed Materials except as necessary to exercise the limited license granted herein. Anovea shall own all rights in any copy, translation, modification, adaptation or derivative work based upon the Licensed Materials, and you hereby assign to Anovea all rights in them, including but not limited to all patent, copyright and any other proprietary rights. You agree to execute any additional documentation reasonably requested by Anovea to perfect this assignment.
Anovea and the Anovea logo are trademarks of Anovea, Inc. All content and compilation of content included on Anovea's website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Anovea, Inc. and is protected by United States and international copyright laws.
You retain copyright for Content in the servers accessed through the Services. However, by submitting Content through the Services, you give agree to give Anovea a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to examine and use the Content for such internal purposes as Anovea deems fit for the purposes of maintaining and backing up accounts, enhancing functionality or performance of the Licensed Materials, or other similar functions.
By using Anovea's Licensed Materials, you and Anovea agree that all matters relating to your access to or use of the Licensed Materials shall be governed by and construed in accordance with the laws of the Unites States, without giving effect to any principles of conflicts of law.
Anovea makes no representation that the Licensed Materials are appropriate or available for use in your location. Those who choose to access the Licensed Materials from any location do so at their own risk and on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
As a condition of downloading and using the Licensed Materials, you agree to the terms of Anovea's Privacy Policy, which may be updated from time to time and without notice.
In order to provide the Products and Services that comprise the Licensed Materials, Anovea collects and stores information including User Account Information and Content. You acknowledge and agree that Anovea may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce this Agreement, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, address security or technical issues (including, without limitation, the filtering of spam), respond to user support requests, or protect the rights, property or safety of Anovea, its users, and the public.
Anovea maintains the right to terminate or restrict its service to you at any time, without requiring any notification to you and without providing any reason for the termination or restriction.
License will also terminate upon conditions set forth elsewhere within this Agreement or if you fail to comply with any term or condition of this Agreement. In such event, no notice shall be required by Anovea to effect such termination. You may also terminate the License at any time. Upon termination of this Agreement, you agree to destroy the Licensed Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Anovea at your expense.
The provisions of Sections 5, 6, 10, 11 and 12 shall survive any termination or expiration of this Agreement.
You agree to indemnify and hold Anovea harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of data you submit, post to or transmit through your use of the Licensed Materials, your violation of the Agreement, or your violation of any rights of another person or entity.
a) Entirety. This Agreement constitutes the entire agreement between you and Anovea relating to the Licensed Materials and governs your use of the Licensed Materials. This Agreement supersedes any prior or contemporaneous agreements between you and Anovea regarding the Licensed Materials.
b) Waiver and Severability of Terms. The failure of Anovea to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
c) Choice of Law and Forum. This Agreement and the relationship between you and Anovea shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Anovea agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Licensed Materials or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e) Headings. The section headings in this Agreement are only for convenience and have no legal or contractual effect.
Last revised: May 26, 2008
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