AnchorFree Terms of Service
Introduction; Your Agreement to these Terms of Use.
Welcome to the AnchorFree, Inc. ("AnchorFree") web site and online services (the "AnchorFree Site"). The following Terms of Service for the AnchorFree Site is a legal contract between You, either an individual subscriber, customer, member, or user of at least 13 years of age ("You" or, collectively, "Users"), and AnchorFree regarding your use of the AnchorFree Site.
The services hereunder are offered by AnchorFree, Inc., located at: located at: 260 Santa Ana, Sunnyvale CA 94085 and email: support@anchorfree.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, OR USING THE AnchorFree Site, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").
1. Eligibility. the AnchorFree Site IS not available to persons under the age of 13 or to any Users previously suspended or removed from the AnchorFree Site OR NETWORK by AnchorFree. By accessing, browsing or otherwise using the AnchorFree Site, You represent that You are at least 13 years of age and have not been previously suspended or removed from the AnchorFree Site by AnchorFree.
2. Privacy Notice. Your privacy is important to AnchorFree. AnchorFree's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to AnchorFree's collection, use, and disclosure of your personal information.
3. Individual Features and Services. When using the AnchorFree Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. AnchorFree reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the AnchorFree Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the AnchorFree Site.
5. Digital Millennium Copyright Act. It is AnchorFree's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to AnchorFree's DMCA Notification Guidelines.
6. User Submissions License Grant; Representations and Warranties.
6.1 User Submissions and Hotspots Generally. AnchorFree may now or in the future permit You and other Users to (i) submit hotspot listings ("Hotspots") and (ii) submit other communications ("User Submissions") and the hosting, sharing, and/or publishing of such Hotspots and User Submissions. You understand that whether or not such Hotspots or User Submissions are published, AnchorFree does not guarantee any confidentiality with respect to any such submissions.
6.2 Limited License Grant to AnchorFree. By distributing or disseminating Hotspots and User Submissions through the AnchorFree Site, You hereby grant to AnchorFree a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your Hotspots and User Submissions, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
6.3 Limited License Grant to other AnchorFree Users. By distributing or disseminating Hotspots and User Submissions through the AnchorFree Site, You hereby grant to each User of the AnchorFree Site a non-exclusive license to access and use your Hotspot or User Submissions. The foregoing license granted by You terminates as to a specific User Submission only once You remove or delete such User Submission from the AnchorFree Site provided, however, that User rights to such User Submission arising out distributions occurring on or prior to deletion of such User Submission from the AnchorFree Site survive any termination or expiration of the license granted in this section 6.3.
6.4 User Submissions Representations and Warranties. You are solely responsible for your Hotspots and User Submissions and the consequences of posting or publishing them. By uploading and publishing your User Submissions, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize AnchorFree and AnchorFree's Users to use and distribute your User Submissions as necessary to exercise the licenses granted by You in this section 6 and in the manner contemplated by AnchorFree and this Terms of Service; (2) your User Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. AnchorFree reserves all rights and remedies against any Users who violate this Terms of Service.
6.5 User Submissions Disclaimer. You understand that when using the AnchorFree Site You will be exposed to Hotspots and User Submissions from a variety of sources, and that AnchorFree is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Hotspots or User Submissions. You further understand and acknowledge that You may be exposed to Hotspots and User Submissions that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against AnchorFree with respect thereto. AnchorFree does not endorse any Hotspot or User Submissions or any opinion, recommendation or advice expressed therein, and AnchorFree expressly disclaims any and all liability in connection with User Submissions or Hotspots. If notified by a User or a content owner of an User Submission or Hotspot that allegedly does not conform to this Terms of Service, AnchorFree may investigate the allegation and determine in its sole discretion whether to remove the User Submission or Hotspot, which it reserves the right to do at any time and without notice. For clarity, AnchorFree does not permit copyright infringing activities on the AnchorFree Site.
7. Prohibited Conduct.
BY USING THE AnchorFree Site YOU AGREE not TO:
7.1 use the AnchorFree Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the AnchorFree Site as such services are offered by AnchorFree;
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 11, below);
7.3 post, upload, or distribute any defamatory, libelous, or inaccurate Hotspots or User Submissions or other content;
7.4 post, upload, or distribute any Hotspot or User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the AnchorFree Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the AnchorFree Site, or perform any other similar fraudulent activity;
7.6 delete the copyright or other proprietary rights on the AnchorFree Site or Hotspot or User Submissions;
7.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the AnchorFree Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.8 use the AnchorFree Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.9 defame, harass, abuse, threaten or defraud Users of the AnchorFree Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the AnchorFree Site for any commercial use, it being understood that the AnchorFree Site is for personal, non-commercial use only;
8. Account. When You use the AnchorFree Site to upload and/or download or purchase content or any products, services, or information from AnchorFree, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to AnchorFree on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify AnchorFree. You may be liable for the losses incurred by AnchorFree or others due to any unauthorized use of your AnchorFree Site account.
9. Third-Party Sites, Products and Services; Links. The AnchorFree Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). AnchorFree does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the AnchorFree Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
10. Termination; Terms of Service Violations.
10.1 AnchorFree. You agree that AnchorFree, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with AnchorFree or your use of the AnchorFree Site and remove and discard all or any part of your account, User profile, and any Hotspot or User Submission, at any time. AnchorFree may also in its sole discretion and at any time discontinue providing access to the AnchorFree Site, or any part thereof, with or without notice. You agree that any termination of your access to the AnchorFree Site or any account You may have or portion thereof may be effected without prior notice, and You agree that AnchorFree will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AnchorFree may have at law or in equity. As discussed in these Terms, AnchorFree does not permit copyright infringing activities on the AnchorFree Site, and will terminate access to the AnchorFree Site, and remove all User Submissions or other content submitted by any Users who are found to be repeat infringers.
10.2 You. Your only remedy with respect to any dissatisfaction with (i) the AnchorFree Site, (ii) any term of this Terms of Service, (iii) any policy or practice of AnchorFree in operating the AnchorFree Site, or (iv) any content or information transmitted through the AnchorFree Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the AnchorFree Site and discontinuing use of any and all parts of the AnchorFree Site.
11. Ownership; Proprietary Rights. The AnchorFree Site is owned and operated by AnchorFree. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the AnchorFree Site provided by AnchorFree (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the AnchorFree Site are the property of AnchorFree or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to AnchorFree or its affiliates and/or third-party licensors. Except as expressly authorized by AnchorFree, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. AnchorFree reserves all rights not expressly granted in this Terms of Service.
12. Indemnification. You agree to indemnify, save, and hold AnchorFree, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the AnchorFree Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. AnchorFree reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify AnchorFree, and You agree to cooperate with AnchorFree's defense of these claims. AnchorFree will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimers; No Warranties.
13.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AnchorFree, and its affiliates, partners, and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. no advice or information, whether oral or written, obtained by you from AnchorFree or through the AnchorFree Site will create any warranty not expressly stated herein. you expressly acknowledge that as used in this section 13 the term AnchorFree includes AnchorFree's officers, directors, employees, shareholders, agents, licensors and subcontractors.
13.2 "As is" and "As available" and "With All Faults". you expressly agree that use of the AnchorFree Site is at your sole risk. THE AnchorFree Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, HOTSPOTS, User Submissions, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AnchorFree Site ARE PROVIDED on an "AS IS" AND "AS AVAILABLE", "with all faults" basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
13.3 Content. AnchorFree, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, HOTSPOTS, User Submissions, FUNCTIONS, or any other information OFFERED ON or through THE ANCHORFREE SITES or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
13.4 Accuracy. ANCHORFREE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ANCHORFREE SITES or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE ANCHORFREE SITES (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR proprerty (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
14. Limitation of Liability and Damages.
14.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE ANCHORFREE SITES or any reference sites, OR ANY OTHER INTERACTIONS WITH ANCHORFREE, EVEN IF ANCHORFREE OR AN ANCHORFREE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ANCHORFREE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2 Limitation of Damages. IN NO EVENT WILL ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ANCHORFREE SITES OR your interaction with OTHER ANCHORFREE SITES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ANCHORFREE SITES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
14.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN ANCHORFREE AND RECEIVED THROUGH OR ADVERTISED ON THE ANCHORFREE SITES OR RECEIVED THROUGH ANY reference sites.
14.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT ANCHORFREE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ANCHORFREE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ANCHORFREE. AnchorFree would not be able to provide the AnchorFree Site to you on an economically reasonable basis without these limitations.
14.5 Limitations by Applicable Law. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14.6 Consumer End Users (Outside of the USA). This section 14.6 applies only to Users residing and using the AnchorFree Site outside of the United States. The limitations or exclusions of warranties and liability contained in this Terms of Service do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in this Terms of Service apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
15. Miscellaneous.
15.1 Notice. AnchorFree may provide You with notices, including those regarding changes to AnchorFree's terms and conditions, by email, regular mail or postings on the AnchorFree Site. Notice will be deemed given twenty-four hours after email is sent, unless AnchorFree is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the AnchorFree Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the AnchorFree Site is deemed given 30 days following the initial posting.
15.2 Waiver. The failure of AnchorFree to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AnchorFree.
15.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
15.4 Arbitration. For Users residing outside the United States of America and using the AnchorFree Site in another territory, section 15.5 (Jurisdiction) does not apply and this section 15.4 applies to You. Any dispute or claim arising out of or in connection with these Terms or your use of the AnchorFree Services shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.
15.5 Jurisdiction. For Users residing inside the United States of America and using the AnchorFree Site in the United States, section 15.4 (Arbitration) does not apply and this section 15.5 applies to You. You agree that any action at law or in equity arising out of or relating to these Terms or AnchorFree will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
15.6 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.7 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by AnchorFree without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
15.8 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6.2, 6.4, 6.5, and 7 through 15.
15.9 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.12 Disclosures. The services hereunder are offered by AnchorFree, Inc., 260 Santa Ana, Sunnyvale CA 94085 and email: support@anchorfree.com. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.