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.
You agree to provide proof of parental consent upon our request.
Last revised: November 7, 2007
SECTION 1.0 - MEMBERSHIP AGREEMENT
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.
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.
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.
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.
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.
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
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.
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:
Suite 204, 5305 Allard Way