THESE TERMS GOVERN YOUR ACCESS AND USE OF THE SERVICES AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT) AND ANOKHI. YOUR ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO THIS AGREEMENT AND YOUR REPRESENTATION THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT ACCEPT THESE TERMS STATED HERE, DO NOT USE THE SERVICES.
Anokhi reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Site. You should visit this page periodically to review the most current Terms, because they are binding on you. By continuing to access or use the Services after updated Terms have been posted, you agree to be bound by the updated Terms.
The Services are available only for individuals who are 18 years or older. If you are under the age of 18, then you agree to review the Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to the Terms. You agree to have your parent or guardian review and accept the Terms on your behalf. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under 18, then you agree to and accept full responsibility for that person’s use of the Service, including all financial charges and legal liability that he or she may incur. If you are under 13 years of age, you are not authorized to use the Services. YOU ARE AUTHORIZED TO USE THE SERVICES ON ANOTHER PERSON’S BEHALF ONLY WHEN YOU ARE THAT PERSON”S LEGAL GUARDIAN. YOU CANNOT USE THE SERVICES ON THE BEHALF OF MORE THAN EIGHT INDIVIDUALS OTHER THAN YOURSELF..
1. Our Services
Anokhi is an service and application for storing, managing, and monetizing your data. We provide the ability for our users (“Users”, “Consumers”) to store and configure/control how their their data is stored, used and monetized on the Anokhi app / website by buyers (“Buyers”). Anokhi contains features that enable or will enable Users to do the following: upload User data including but not limited to search histories, social media profiles, mobile app history (declared and undeclared), location, personal interests, contacts and any other type of data that Anokhi can ingest.
We reserve the right, in our sole and absolute discretion, to modify, replace, refuse access to, suspend or discontinue our Services, partially or entirely, without prior notice. You agree that we will not be liable to you or any third party for any such modifications, suspensions or discountenance of the Services, or any part thereof. We further reserve the right to withhold, remove and or discard User data uploaded to Anokhi , with or without notice if deemed by us to be contrary to this Agreement or a violation of law. We have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Services, except to the extent required by applicable law.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your uses thereto are legal under relevant laws, regulations and directives.
You agree that we will not be liable to you or any third party for any such modifications, suspensions or discountenance of the Site or the Services, or any part thereof.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use there to are legal under relevant laws, regulations and directives.
For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Services. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.
2. Account Creation, Management, Cancellation and Termination
Using our Services requires you to create an account (your “Account”) with Anokhi, and as part of that process you will be requested to provide certain information, including your name, phone number and email address and you may choose to provide additional information (collectively, “Activation Data”). By using the Services, you agree to:
- provide true, accurate, current and complete Activation Data as prompted by the registration process;
- maintain and promptly update the Activation Data to keep it accurate, current and complete;
- maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Services;
- refrain from transferring your Account on the Services to any other party without our prior consent EXCEPT WHEN ACTING AS A LEGAL GUARDIAN AND TRANSFERRING THE ACCOUNT TO THE NAMED OWNER OF THE ACCOUNT;
- refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other Activation Data; and
- immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Services or any other breach of security that you become aware of involving or relating to the Site.
We assume that any communications and other activities through use of your Activation Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Activation Data.
By providing your Activation Data to us, you hereby consent to us adding your non-personally identifiable information to the Anokhi data pool for the purpose of data monetization.
As a result of your ability to monetize your data provided by the Anokhi Service, you may receive credits (“Anokhi Points”) in Anokhi’s stand-alone rewards program. Anokhi Points can be redeemed in the Anokhi Marketplace (“Marketplace”) for cash or offers provided by marketing partners of Anokhi (“SOME NAME”), by transferring to your bank account, PayPal or by transferring to a charity of your choice. You can redeem your Anokhi Points as long as your Account balance is $10.00 or greater. Anokhi Points are worth $.001 per point. We may modify this conversion ratio at any time without advance notice.
You may update or delete information stored in your Account at any time. You may change your data sharing and monetisation status in order to share more data, less data or no data. Completed transactions for data cannot be cancelled or reversed in any way and Buyers are not required to delete purchased data. You may block or unblock specific categories of Buyers from accessing your data to the extent that Buyer categories are provided by Anokhi.
You may delete your Account at any time. If you cancel the Services or delete your Account, your cancellation will take effect immediately. All unredeemed Anokhi Points will be donated to a charity in your name at the time of cancellation. If you have not selected a preferred charity, Anokhi will choose a charity for you.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use thereto are legal under relevant laws, regulations and directives.
Opening an Account
We offer one type of account: personal account
All Anokhi accounts let you do things like:
- Send and receive money/points
- Redeem points for merchandise
- Transfer money/points to charity or to your bank account
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your Anokhi account and the Anokhi services. You must keep your mailing address, email address and other contact information current in your Anokhi account profile.
Closing Your Anokhi Account
You may close your account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your Anokhi account even after the Anokhi account is closed. When you close your Anokhi account, we will cancel any scheduled or incomplete transactions. You must withdraw or transfer any Anokhi balance from your Anokhi account before closing it. If you have not provided the required identifying information to us, or if we are unable to verify the required identifying information you provide, you must transfer any Anokhi balance to a linked bank account or debit card. You cannot withdraw or transfer digital gift certificates/cards that are purchased through Anokhi’s marketplace and linked to your Anokhi account as payment methods. However, even without your Anokhi account, you can still use the codes you received by email when you purchased the gift certificates/cards to make purchases.
In certain cases, you may not close your Anokhi account, including:
- To evade an investigation.
- If you have a pending transaction or an open dispute or claim.
- If your Anokhi account has a negative balance.
- If your Anokhi account is subject to a hold, limitation or reserve.
Link or Unlink a Payment Method
You can link or unlink a U.S. bank account or Anokhi Credit to your Anokhi account as a payment method. Please keep your payment method information current. If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your information, you may contact your issuer to request this or remove your payment method from your Anokhi account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your account, so that we can verify that the account is valid and that you are the owner. To do this, we will charge you $1.95. After the account is confirmed, we will immediately refund this amount to the account.
Holding a Anokhi Balance
Money/points that you receive from other Anokhi buyers is held as a balance in your Anokhi account. The balance functionality in your Anokhi account will differ depending on whether we have been able to verify the required identifying information that you provide to us. The required identifying information is: name, physical address, date of birth and taxpayer identification number.
- If we have not verified the required identifying information, a balance in your Anokhi account can generally only be held in your Anokhi account and transferred to a linked bank account or debit card.
Any Anokhi balance you hold represents an unsecured claim against Anokhi and, except as provided below, is not insured by the Federal Deposit Insurance Corporation (FDIC). Anokhi combines your Anokhi balance with the Anokhi balances of other Anokhi users and invests those funds in liquid investments in accordance with state money transmitter laws. Anokhi owns the interest or other earnings on these investments. However, the claim against Anokhi represented by your Anokhi balance is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These pooled amounts are held apart from Anokhi’s corporate funds, and Anokhi will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.
Managing Your Money in Multiple Currencies
Holding a Anokhi balance in a currency other than U.S. dollars
Your Anokhi balance may be held in any of the currencies supported by Anokhi, and you may hold a balance in more than one of these currencies at the same time. If we have not verified the required identifying information that you provide to us, you can only access balance that is in a currency other than U.S. dollars by transferring the balance to a linked bank account or to an eligible debit card and such a transfer will require a currency conversion (with payment of the applicable currency conversion spread) as discussed below.
You are responsible for all risks associated with maintaining a Anokhi balance in multiple currencies. You may not manage multiple currencies for speculative trading purposes.
Some uses of your Anokhi account require a currency conversion. Some examples of situations where a currency conversion is required include:
- Purchasing goods from a seller who accepts payments only in a specific currency which you do not hold in your Anokhi account.
- Sending money to a bank account in a currency that you do not hold at the time of the transaction.
- Receiving money either from a buyer in a currency that your Anokhi account is not configured to accept.
- Converting your Anokhi balance from one currency to another, not in connection with any transaction.
- Withdrawing funds from your Anokhi balance held in a currency other than U.S. dollars to the bank account linked to your Anokhi account.
- If you sold something and the transaction must be refunded or reversed, and you do not have the correct currency available in your Anokhi balance at the time of the refund or reversal.
How we convert currency
If Anokhi converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion spread (described below) applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior Business Day; or, if required by law or regulation, set at the relevant government reference rate(s).
For purchase and send money transactions described above that involve a currency conversion, the currency conversion spread is 3.0%. For all other transactions involving a currency conversion, the currency conversion spread is 2.5%.
When you purchase goods from a merchant who accepts payment only in a specific currency that you do not hold in your Anokhi balance, the currency conversion will occur at the time your transaction is processed and the transaction exchange rate in effect at the time the transaction is processed will be used for this currency conversion.
Currency conversion choices
When your payment is funded by a debit or credit card and requires a currency conversion, you consent to and authorize Anokhi to convert the currency in place of your debit or credit card issuer. You have the right to have your card issuer perform the currency conversion and can choose this option during checkout on your transaction review page before you complete the transaction. If your card issuer converts the currency, you’ll be charged a rate set by them (shown on your statement), and you’ll be subject to any fees and terms set by them related to the conversion.
Anokhi will always perform the conversion for transactions where your Anokhi balance or linked bank account is the payment method.
Account Statements and Requesting Account Records
You have the right to receive an account statement showing your Anokhi account activity. You may view your Anokhi account statement by logging into your Anokhi account.
In the event you request that we send you hard-copy records related to your Anokhi account, we may charge you a fee of $10.00 per item requested but we won’t charge you for records requested in connection with your good-faith assertion of an error in your Anokhi account.
3. Mobile Applications
To use our mobile application, you must have an Apple or Android mobile device. Anokhi doesn’t warrant that our mobile applications will be compatible with your mobile device. Standard carrier data charges may apply to your use of the apps.
The following additional terms and conditions apply with respect to any app that Anokhi provides to you designed for use on an Apple iOS-powered mobile device (“iOS App”):
- You acknowledge that these terms are between you and Anokhi only, and not with Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- Anokhi, and not Apple, is solely responsible for our 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 extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Anokhi, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS 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 and any law applicable to us as provider of the iOS App.
- You agree that Anokhi, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our 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 our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any app that Anokhi provides to you designed for use on an Android-powered mobile device (“Android App”):
- You acknowledge that these Terms are between you and Anokhi only, and not with Google, Inc. (“Google”).
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Anokhi, and not Google, is solely responsible for Company’s Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to Anokhi’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Anokhi’s Android App.
4. User Conduct
You may access and use the Site and Services only for its purposes as intended by the normal functionality of the Site and Services, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Services, you agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Services, and without limiting the foregoing you may not:
use (i) the Site, (ii) the Services, or (iii) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site or Services;
access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;
use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us;
create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;
abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services;
represent that you are acting on behalf of Anokhi or that you have the authority to enter into any agreement on behalf of Anokhi; and
make any representations or warranties regarding Anokhi or our Services.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any of Your Content or the content provided by third parties.
6. Proprietary Rights
All material and services available on the Site and through the Services, and all material and services provided by or through Anokhi, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, the Software, the Content, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by Anokhi or other parties that have licensed their material or provided services to Anokhi, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Anokhi trademarks and service marks, logos, slogans and taglines are the property of Anokhi. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or by Anokhi, without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you. You also agree that (i) by submitting unsolicited ideas to us or any of our or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become the property of Anokhi. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to branded.me together with all intellectual property rights therein.
8. Disclaimers of all Warranties
THE CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT PROVIDED BY US OR ANY OTHER PARTY IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
FURTHER, ANOKHI AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER ANOKHI NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS, THE SERVICES OR ANY E-MAIL OR OTHER COMMUNICATION SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or this Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL ANOKHI, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, (II) YOUR CONTENT OR (III) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
11. Copyrighted Materials, Infringement Notices and Takedown
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of users of the Services who infringe or are believed to be infringing the rights of copyright holders:
If you believe that any material contained on this Site infringes your copyright, you should notify this Site’s Designated Agent listed below with the following information required under 17 U.S.C. § 512:
Name of Designated Agent: Anokhi Legal Department
Full Address of Designated Agent: 123 Anokhi Street #123
Email Address to contact Designated Agent email@example.com
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
12. Governing Law and Exclusive Courts
This Agreement will be governed by laws of the State of California without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in California, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between you and us, states our and our suppliers’ entire liability and your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of this Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
14. Contacting Us
If you have any concerns or questions about this Policy, please contact us at firstname.lastname@example.org.