ANASHINTERACTIVE USER AGREEMENT

Thank you for visiting AnashInteractive. We hope you will enjoy our website.

AnashInteractive is owned by 1333776 Alberta Ltd. and located at the URL www.anashinteractive.com Please take some time to familiarize yourself with these provisions. By accessing our website you agree to be bound by these terms and conditions.

Notice to minors and parents/guardians: This web site is designed to encourage the participation of children and families. If you are under the age of majority in your province or territory, please have your parent(s) or guardian(s) read the Code of Conduct, Terms of Use, Membership Agreement and the Privacy Policy on your behalf so that they can help you to decide whether to use this site, and whether to submit personal information and/or stories, comics and use the services on the website including, watching webisodes, playing games, enjoying podcasts. If you are the parent of a minor who wishes to use this website and submit work, please explain these Terms of Use, Membership Agreement the Privacy Policy and Code of Conduct to your child and ensure they understand them before you agree to allow them to proceed.

You agree to provide proof of parental consent upon our request.

(1) Membership Agreement, (2) Terms of Use and (3) Privacy Policy

This User Agreement consists of: (1) Membership Agreement, (2) Terms of Use, and (3) Privacy Policy and any posted Code of Conduct, which is incorporated by reference into this User Agreement (hereinafter referred to collectively as the “Agreement”).  This Agreement governs your relationship with AnashInteractive and describes the legally binding terms for your use of the services and materials offered on www.anashinteractive.com (the “Website”) whether you choose to become a Member or just want to surf the Website.  The services offered on the Website include but are not limited to: the Website; the Comic Constructor, the Story Builder, Podcasts, Games, and Webisodes, user’s comics and stories displayed in the Showcase; and any other features, content, or applications offered from time to time in connection with the Website (collectively, the “Services”).  The Services are hosted in Canada.  You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and to this Agreement.  By using the Website and the Services you agree to be bound by this Agreement, as updated and modified from time to time, whether you are a “Visitor” (which means you simply browse and search the Website) or you are a “Member” (which means that you have registered with AnashIneractive to become a Member).  The term “User” refers to a Visitor or a Member.  If you register to become a Member, you will be required to complete an online Registration Form and Sections 1, 2 & 3 of this Agreement and the Code of Conduct will apply to you.  Even if you just want to explore the Website, Sections 2 & 3 of this Agreement and the Code of Conduct will apply to you.  Either way we encourage you to review this Agreement regularly, because we reserve the right to modify this Agreement from time to time, and such modification shall be effective immediately upon being posted on the Website. You agree to be bound to any changes to this Agreement when you use the Website and/or the Member Privileges (as defined in section 1.1 below) after any such modification is posted.

Please read this Agreement, including the Privacy Policy component, carefully.  If you do not agree with it, you should leave the Website and discontinue your use of the Services immediately.  If you wish to become a Member and make use of the Services, you must read this Agreement and indicate your acceptance by clicking “I AGREE” during the registration process.  In order to participate in certain AnashInteractive Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions.  Unless otherwise provided by the additional terms and conditions applicable to the AnashInteractive Services, those additional terms are hereby incorporated into this Agreement.

Last revised: November 7, 2007

The AnashInteractive Website may contain links to third party websites that are not owned or controlled by AnashInteractive. AnashInteractive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AnashInteractive will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AnashInteractive 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 AnashInteractive Website and to read the terms and conditions and privacy policy of each other website that you visit.

SECTION 1.0 - MEMBERSHIP AGREEMENT

  • By selecting “I Agree” during the registration process, you will become a Member of AnashInteractive with certain Member Privileges to access certain Services such as saving and displaying or publishing your stories or comics on the Showcase section of the Website (“Member Privileges”) for all other Users to see, whether they are Members or not.  You may choose your Membership username but if your choice is already taken, or if AnashInteractive, in its sole discretion, decides yours is inappropriate, another option will be suggested to you.  Only Members can enjoy Member Privileges and some or all of your Member Privileges can be suspended for a time or indefinitely at AnashInteractive's sole discretion. 
  • When you become a Member and begin using the Member Privileges, you will be asked to choose a password and will be provided password protected access to your unique, username.  You will have an opportunity to create and save stories and comics created by you on the Website with certain information about yourself (“Member Content”).  Choose the information you post on the Website carefully.  For your own security, we strongly recommend that you do not post any personal information, such as your full name or home telephone number or home address or other personally identifiable confidential information and use a nick name or first name only to identify yourself to users of the Website.  AnashInteractive reserves the right, but not the obligation, to delete any personally identifiable confidential information about any Member if it deems, in its sole discretion, such action to be in the best interests of the Member.  Notwithstanding the forgoing, you acknowledge and agree that you are solely responsible for your Member Content.  Any Member Content posted on the Website is subject to the terms and conditions of this Membership Agreement, Terms of Use and the Privacy Policy.

1.3   By becoming a Member and using Member Privileges you represent and warrant that: (a) all Member registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of the age of majority or otherwise capable of entering into a legally binding contract under applicable laws or have the authorization of your parent or legal guardian; and (d) your Membership and use of Member Privileges does not violate any applicable law or regulation. Your Membership to AnashInteractive and any or all of your Member Privileges may be terminated without warning if: (1) we believe that you are under the age of majority and do not have the consent of your parent or legal guardian to become a Member and use the Member Privileges; or (2) you breach any of the terms and conditions of this Agreement; or (3) your use of the Member Privileges breaches any applicable law in Canada. 

1.4   You alone are responsible for keeping your personal Membership username and password confidential, and you are responsible for any and all activity that occurs on this Website under your password or Membership username.  You agree to immediately notify AnashInteractive of any suspected unauthorized use of your password or Membership username or any other breach of security. AnashInteractive will not be liable, directly or indirectly, for any loss or damage of any kind incurred by you or anyone else as a result of your failure to protect the confidentiality of your password and/or Membership username.

1.5   Your Member Content must abide by the Code of Conduct and must not include any content or information that is perceived by AnashInteractive as being obscene, lewd, excessively violent, harassing, sexually explicit, discriminatory or otherwise illegal or objectionable in nature, as determined in the exclusive and complete discretion of AnashInteractive.  AnashInteractive reserves the right, in its sole discretion, to remove any Member Content or to restrict, suspend or terminate your Membership at any time, for any reason without prior notice and without liability.  You agree that AnashInteractive has the right but not the obligation to monitor the Website and Member Content, but AnashInteractive nonetheless does not assume any responsibility for your Member Content, for which you retain complete responsibility.  AnashInteractive does not endorse any Member Content nor does any Member Content posted on the Website necessarily reflect the views and opinions of AnashInteractive.  AnashInteractive makes no warranties, express or implied, as to the Member Content, or to the accuracy or reliability of the Member Content.

1.6   You acknowledge and agree that AnashInteractive owns all right, title and interest, including copyright, in and to the comic characters, visual elements and graphics, templates and other creative assets exhibited on the Website, including any and all of same provided to Users to build their comics and write their stories, together with any and all proprietary software, application or user interface featured on the Website (collectively the “AnashInteractive Assets”).  Users shall own all right, title and interest, including copyright, in any stories or plots of comics and stories they create using the AnashInteractive Assets, but Users shall not own any right, title nor interest whatsoever in any of the AnashInteractive Assets.  By saving your Member Content to the Website for display in the Showcase, any and all rights in and to the Member Content, including ancillary and the right to use your name, likeness, and Membership username, in all media now know or in future devised in all territories of the world and throughout the universe, and in all languages, are licensed by you on a non-exclusive basis to AnashInteractive at no charge and royalty free for use, exhibition, distribution and exploitation on AnashInteractive and other related services or websites, television programs, print materials, promotional spots and advertising, in perpetuity and you agree to waive your moral rights in the Member Content as necessary to give effect to this license.

1.7   AnashInteractive shall have the right to use (or not use), modify, edit, alter, remix, juxtapose, compile, publish, display, reproduce, publicly perform, broadcast, exhibit, promote, advertise, market, sub-license and exploit the Member Content in any way it sees fit at its sole discretion in perpetuity, and has the unfettered right to sub-license such rights to any other party at its sole discretion.  Users shall have the non-exclusive, restricted and limited license to use the AnashInteractive Assets to build their comics and write their stories and the right to print copies of same and work of other users in the Showcase strictly for their personal, non-commercial use only.  Other than the express, strictly limited rights granted to Users herein, User shall have no further right whatsoever to the AnashInteractive Assets.

1.8   You represent and warrant that your Member Content is original to you and is owned or licensed in its entirety by you at the time of the contribution of the Member Content to the Website and that you have the right to make the grant of license to AnashInteractive described in this Membership Agreement and you will indemnify and save harmless AnashInteractive and any and all of its directors, officers, employees, heirs and assigns, shareholders, agents, funders and licensees, against any and all claims brought or threatened by third parties who challenge this representation and warranty, including, but not limited to, damages and legal fees.

1.9   Your  Member Content must abide by the Code of Conduct and must not include the following items: telephone numbers, street addresses, last names, passwords, viruses, spyware, malware, illegal software or any hyperlinks to same, and any images, audio or video files containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, illegal or otherwise objectionable subject matter. Despite this prohibition, you represent and warrant that you understand that information provided to you by other Members might contain inaccurate, inappropriate, offensive or sexually explicit material, products, viruses, malware or other programs, and AnashInteractive assumes no responsibility or liability for any such material whatsoever. If you become aware of misuse of the Member Privileges by any person, please contact us.

1.10   You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party, including other Members and Users. Such restriction or inhibition includes, without limitation, conduct that is unlawful or that breaches another person's intellectual property rights or that may harass or cause distress or inconvenience to any person and the transmission of defamatory, pornographic, obscene or offensive content or disruption or normal flow of dialogue within this Website.  

1.11   AnashInteractive assumes no responsibility for monitoring the Website for inappropriate Member Content or conduct. If at any time AnashInteractive chooses, in its sole discretion, to monitor the Website, AnashInteractive nonetheless assumes no responsibility for the Member Content and no obligation to modify or remove any inappropriate Member Content or to deny access by any Member, and no responsibility for the conduct of the Member submitting any such Member Content.

1.12   You agree to defend, indemnify and hold harmless AnashInteractive, its respective affiliates, officers, directors, employees, shareholders, heirs and assigns, agents, funders and licensees from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable legal and accounting fees arising out of or in connection with your Member Content or your (or anyone acting under your password or Membership username) use of this Website, or any alleged violation by you of any of the terms contained in this Agreement.  Notwithstanding the foregoing, AnashInteractive retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against AnashInteractive and in no event shall you settle any such claim without our prior written approval.

SECTION 2 – TERMS OF USE

2.1   Members and non-Member Visitors are welcome to visit and enjoy the Website, provided that: (i) you may only do so for personal, informational, educational, entertainment, non-commercial purposes; and (ii) you may not modify or alter the Website or Member Content in any way. Except where your use constitutes "fair use" or “fair dealing” under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available any information, Member Content or the Website in whole or in part without the express written authorization of AnashInteractive.

2.3   AnashInteractive, at its sole discretion, reserves the right to unilaterally remove from the Website any material that it deems to be racist, pornographic, defamatory, harassing or otherwise offensive, unlawful or illegal. 

  • The Website may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties ("Other Site(s)"). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by AnashInteractive of any Other Site, its resources, or its content.  AnashInteractive will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites. You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties.  You agree that AnashInteractive will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions you may have with any such Other Site(s).  AnashInteractive reserves the right to deny or revoke permission to link to the Website from any Other Site for any reason in our sole discretion.

2.5   AnashInteractive owns all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Website (and any derivative works or enhancements thereof), including but not limited to all information, content, materials, products, services, URLs, software and technology. You shall not acquire any right, title or interest therein, except for the limited use rights expressly set forth in this Agreement.  Any rights not expressly granted herein are deemed withheld.

  • This Website is provided on an "as is" and “as available” basis.  AnashInteractive disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement of any rights of any third parties or any laws.  AnashInteractive does not warrant that the functions contained in the website or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the website or the servers that make it available are free of viruses or other harmful components.  AnashInteractive shall not be liable for any direct, indirect, incidental, special or consequential damages that may result from or in connection with the use of, or the inability to use, or from any errors or omissions contained on, the website or any content or service therein.  Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In no circumstance will liability exceed the amount paid for a given service.
  • The laws of the Province of Alberta and the applicable laws of Canada shall govern the usage of This Website notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You consent and submit to the jurisdiction of the courts of the Province of Alberta in any action or proceeding instituted under or related to this agreement.

SECTION 3 – PRIVACY POLICY

3.1   AnashInteractive has created this privacy policy which governs how AnashInteractive gathers, stores, and uses information that is collected from users of this Website (hereinafter referred to as the "Policy"). Please take some time to familiarize yourself with the Policy. This Policy may be amended from time to time to reflect changes and additions to the privacy policy. You are responsible for checking for changes to the Privacy Policy.  By accessing our Website you agree to be bound by our Privacy Policy. If you do not agree with the Policy, please do not use this Website.

Collection and Use of Information

3.2   AnashInteractive collects three kinds of information from its users: Personally Identifiable Information, Individual Information and Aggregate Information. For your understanding, descriptions of the above terms are provided below.

  • "Personally Identifiable Information" is information such as a user’s name, email address, physical address, or other such data that enables the recipient to personally identify the user.
  • "Individual Information" is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies any user or enables the recipient to communicate directly with any user unless agreed to by the user in advance of such communication.
  • "Aggregate Information" is information that describes habits, usage patterns, and demographics of users as a group, but does not describe or reveal the identity of any particular user.

To register as a Member and use the Member Privileges, you must provide AnashInteractive with your age, gender, valid email address, and location.  This kind of information is Personally Identifiable Information as defined below;

Personally Identifiable Information

3.3   AnashInteractive does not automatically collect Personally Identifiable Information from its users. AnashInteractive will only collect and use Personally Identifiable Information after the user has voluntarily agreed to such collection and use when that user chooses to register to become a Member, by clicking on "I Agree" on the online registration form or in writing if registering via fax or mailed forms. AnashInteractive collects Personally Identifiable Information for such purposes as allowing users to fill out contest entry forms and subscribe to certain services provided by this Website; be informed of programming changes and new content on our Website or related websites; and/or be informed of contests carried on by us or our business partners and ensuring that the information, promotions, events, contests and advertising sent to you meet your tastes and areas of interest.  Users can discontinue their Membership by sending an email to us. After the user relinquishes their Membership, the Personally Identifiable Information of that user will be removed from our distribution lists and databases.  AnashInteractive may release Personally Identifiable Information to comply with court orders or laws that require us to disclose it.

3.4   In compliance with COPPA, AnashInteractive will not collect Personally Identifiable Information from any person under the age of 13.  AnashInteractive encourages parents to instruct their children never to give out personal information when online.  Parents and legal guardians can request disclosure of all of the personally identifiable information that has been collected on their children.  In order to verify the identity of the parent or guardian, AnashInteractive requires all requests for access to personal information be sent by mail, and to include a valid form of identification we can use to check that the person requesting the information is in fact the child’s parent or legal guardian.  Once verified, parents can request disclosure of all of the personally identifiable information that has been collected on their child(ren), and they can also request the deletion of that information.  Note that certain personal information is mandatory in order for users to access everything offered at AnashInteractive, and the deletion of information such as a valid email address will cause users to lose access privileges such as saving their creations.

Individual and Aggregate Information

3.5   By using the site, you agree that AnashInteractive may collect Individual Information and Aggregate Information and may disclose this information to other parties. This information may be used to improve AnashInteractive’ productions and websites, for internal marketing studies, or simply to collect demographic information about AnashInteractive members.  AnashInteractive may conduct surveys to collect Individual and Aggregate Information. Surveys generally deal with our website, our products or other related products. We may ask for certain information but we will not ask for any information that would identify the participant in our survey. We may collect the information, compile it and post the results. We may post sample answers to surveys but we will not post any personal information.

Storage and Security of Information

3.6   Personally identifiable information and individual information will be processed and stored by AnashInteractive in databases hosted in Canada. AnashInteractive has taken reasonable steps to protect the information users share with us, including but not limited to setup of processes, equipment and software to avoid unauthorized access or disclosure of this information.

Cookies

3.7   AnashInteractive may use cookies to enhance your experience on the website.  For example, we may use a cookie to store your member ID so that you don’t have to enter it each time you come to the site. We do not use cookies for tracking purposes.  No personal information is ever held in cookies. Cookies may be used by third party ad brokers running advertisements on this website. By using this website you agree to AnashInteractive collection and use of non-identifiable information collected by cookies on our website.

Communication

3.8   When you subscribe to AnashInteractive, you may receive informational e-mail messages from AnashInteractive. If you wish to stop these e-mails, you may terminate your AnashInteractive membership by sending us an e-mail.  Note that termination of membership will affect users’ experience of AnashInteractive

Linked Websites

3.9   This website may be linked to websites under the control of AnashInteractive and which comply with this Policy. However, this website may also be linked to other websites that are not under the direct control of AnashInteractive and required to have their own privacy policies. AnashInteractive is not responsible for and will not be held liable for any procedures, policies or activities of any website linked to this website that are owned and controlled by third parties. AnashInteractive is in no way acting as a publisher or disseminator of the material contained on those other sites and does not control the content of such sites. A link to another site does not mean that AnashInteractive is affiliated or associated with such other site or is authorized to use any trademark, trade name, logo or copyrighted symbol shown at that other site.

3.10   Visitors should ensure that they inform themselves of the privacy policies of any websites they visit and hereby acknowledge that you use any websites linked to this website that are not under the direct control of AnashInteractive entirely at your own risk.  Anyone who wishes to link to our website may write to us to request a link. We will provide you with further information on the terms and conditions of linking to our website.

Corrections, Updates, and Removal of Information

3.11   If you are concerned about the accuracy of personal information maintained by AnashInteractive, please contact us for review, update, or removal of personal information.

Contact

E-mail us about any questions you may have about the User Agreement.

Or contact us by telephone at: 780-488-0440 Monday - Friday, 9am - 5pm MST.

Or contact us in writing at:

AnashInteractive
Suite 204, 5305 Allard Way
Edmonton, Alberta
T6H 5X8
CANADA