ANIBANI™ Site terms of use

Last modify: October 18th, 2009.

Acceptance of terms

By accessing or using our Site, our applications or our services [such as Productions, Banners, computer services, mobiles applications and services, Animation, Animation production services, Providing on-line animation publications, Providing consulting and educational services in the field of animation; providing databases in the field of animation; providing information in the field of animation via a web site, Script writing łand editing services; Special effects animation services etc.] or our widgets or third parties applications or services which are connected to us [From here and after: "Site" or "Services"] in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by this terms of Use ("TOU"). ANIBANI™ reserves the right to update the TOU at any time without notice to you. You can view the most current version of the TOU by clicking on the "Terms of Use" hyperlink located at the bottom of our Web pages.

Some of our services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are included into these terms by reference.

We have the right, but not the obligation, to take any of the following actions in our exclusive consideration at any time and for any reason without giving you any prior notice and you agree that we will not be liable to you or any third party for taking any of these actions:

  1. Establish and change general terms and limits concerning use of our site.
  2. Suspend, stop, discontinue or change all or any part of our services.
  3. Remove any service or material on our site for any reason.
  4. Restrict, suspend, or terminate your access to all or any part of our services.
  5. Delete or deactivate your accounts and all related information and files regarding to your account in our site.

You agree that our services may include communications from us or from our partners such as service announcements and administrative messages and that these communications are considered part of the services. You will not be able to avoid receiving these messages. You also understand that our services may include advertisements.

Unless otherwise expressly permitted by ANIBANI™ through an express license grant placed on this ANIBANI™ site for specific material, ANIBANI™ authorizes you to view and download the materials on this site only for your personal, non-commercial use, provided that you preserve all copyright and other proprietary notices contained in the original materials on any copies of the materials, preserve and respect all of the downloaded application's terms of use an license agreement. Without the foregoing license grant you may not modify the materials on this Site in any way or reproduce or publicly display, distribute, perform or otherwise use them for any public or commercial purpose, and any use of these materials on any other website or networked computer environment or components for any purpose except granted in this TOU is prohibited. The materials on this Site are copyrighted and any unauthorized use of these materials may violate copyrights, trademarks, trade secrets, patents and other laws. If you violate any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

About our site

The site is owned and operated by ANIBANI Ltd, a registered company in Israel.

ANIBANI™ has a various services such as: Internet, mobile, applications, animations production services, integrations, social networking's and production services.

The site and the services can be altered, changed, stopped and can be developed to more services.

The service is a social service, and as such, some of the content uploaded to the service may be available to others. For example, pictures, information, posts, banners etc. or from your contacts may be posted on your profile and/or made available to contacts or to others and/or can be shown at our portfolios and our marketing.

You will not post or product inappropriate content or illegal content or content with third party rights or offending content or copyrighted content on the service. You are responsible for all of the information that you post related to you.

You agree to regularly make copies of your content and information (such as productions outcomes, pictures, banners, information and anything you have received from us). You agree that you will not hold ANIBANI™ responsible for any corruption of data or any loss of data from any kind.

You will bear all of ANIBANI™ costs regarding to your responsibilities.

You are aware of the fact that the service may require you to use other devices (such as a computer devices, mobile devices, flash plug-ins etc.) and/or other software and/or other service providers, and that charges may apply to all of these to you and/or to third parties. Specifically, you are aware of the fact that if you use a mobile platform, your mobile network operator may charge you for data services you use to access ANIBANI™'s services. ANIBANI™ will not hold responsibility for any charges by us or by third parties, regarding to mobile services, mobile network operators, information transactions for any kind, error from any kind and by any reasons, networks problems etc.

ANIBANI™'s site and service are in a "beta" performance and in a "testing" phase, undergo changes and may be subject to failures, malfunctions and errors. ANIBANI™ will not hold any responsibilities from any kind and to any person or corporate in the "beta" period.

Under no circumstances will ANIBANI™ be responsible for any loss or damage, to you and to any third party, including any loss or damage or tort or to any user content or personal injury or death, resulting from anyone's use of the site or the service, or of any user content posted on or through the site or the service or transmitted to users, or any interactions between users of the site or service, whether online or offline.

It is your responsibility to reach, read and fulfill any terms if use regarding to any application or software or program you use as well as pay for them. This responsibility includes, but is not limited to, any third party software or services that you may choose to use with ANIBANI™'s service, including those referenced by ANIBANI™.

No Commercial Use. The Service is only for personal use and may not be used in connection with any commercial usage.

Content on our site

Our site and services contain content that we and our partners create. All materials published on our site, including, but not limited to, applications, software's, codes, scripts, productions, source codes, photographs, graphics, images, illustrations, marks, written content, logos, trade-marks, sound or video clips, Flash and design are protected by our copyrights or trademarks or those of our partners. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works of, publicly display, publicly perform, distribute or in any way exploit any of the materials or content on our site in whole or in part. If you would like to request our permission to use any of the content on our site, please contact us and have our written approval in advance.

Third-party site, products, and Services

Our site contains applications and materials owned by third parties. Your use of each of those applications or materials is subject to the conditions, if any, that each of those applications or materials has posted. We have no control over these applications or materials, and we are not responsible to you and to any third party for any result that may arise from their use.

We shall not have any responsibility for or liability related to the third parties applications or materials. Your correspondence or related activities with the third parties, including payment transactions and carrying out of any third party's license agreement are exclusively between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your communication with any of the third parties. Any questions, claims or complaints related to any product or service should be directed to the appropriate vendor.

Privacy policy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy:

ANIBANI™ respects your privacy and committed to protecting your privacy. ANIBANI™ will not collect any personal information from you that you do not volunteer or disclose and we are the sole owner of all information collected from you on this site. We do not sell, distribute, or lease this information to others in any way that we have not mentioned in this statement. Please be noted, that ANIBANI™ may occasionally alter this policy. We suggest that you bookmark this page and check to see if it has changed from time to time.

ANIBANI™ may provide third parties with aggregate statistics about our customers, statistics about our services, statistics about our site, log files and other databases of user information, traffic patterns, and related site information include personal information provided by you in order to improve our site and our services or to send you advertisements by us or by third-party. This data reflects site usage and patterns gathered during a large number of customer's visits to our site.

By using our site, you give ANIBANI™ the permission to collect information about the pages served to you as an anonymous user for the purpose of calculating aggregate site statistics. If you register at our site, you authorize ANIBANI™ to use information you provide to personalize the information we deliver to you and to use your demographic information when calculating aggregate customer data.

ANIBANI™ may also share web site usage information about visitors to our site for the purpose of managing and targeting advertisements on our site.

ANIBANI™ may use or sell all of your information including contact-lists, pictures, profiles, Intellectual property etc.

ANIBANI™ may use or sell or lease or give license, alter, change, modify and any other actions to any information you post (Exclude Final productions Banners) and you will not have any claims or payment requests about it.

ANIBANI™ may use third party companies to provide delivery of e-mail newsletters and other messages by e-mail regarding to our site, our services or our partners.

ANIBANI™ uses reasonable precautions to keep the personal information you disclose while you browsing our site or while you process purchase in our site. However, ANIBANI™ will not be held responsible for any breach of security or for the actions of third parties.

Cookies: Our Site may utilize "cookies" and other tracking or i.p recognitions technologies. A "cookie" is a small text file that may be used, for example, to collect information about internet activity. Some cookies and other technologies may serve to recall behavioral and personal information previously indicated by a user. Most internet browsers allow you to control cookies, including whether or not to accept them and how to remove or restrict them. You may set most browsers to notify you if you receive cookies, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, certain portions of our Site may become inaccessible for you.

If you wish to change any information you have given us, or may have any questions regards our Privacy policy, you can contact us at: contact@anibani.com.

Your demeanor on our site

If we request registration information from you, you will provide us with true, current, accurate and complete information. You will update your registration without any delay to keep it accurate, current, and complete. If we issue you a password, you may not disclose it to anyone else. The password usage is exclusively yours and you may not use anyone else's password, i.e. you are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other violation of security. You agree to log out from your accounts at the end of each session. ANIBANI™ will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

You are strictly prohibited from selling or otherwise transferring your profile and you are strictly prohibited from using our services or the website for gain personal profit.

The technology, the software, the logo and the ANIBANI™ trade-mark underlying our site and the Services is the property of ANIBANI™ or our partners. You agree not to copy, modify, loan, sell, rent, lease, distribute assign, reverse engineer, re-edit, breakdown of the product to elements/objects, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any method or form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to our site.

Without limiting the foregoing, you agree that you will not use our site or services or our partner's applications to take any of the following actions:

  1. Abuse, offend, annoy, stalk, threaten, or otherwise violate the legal right of others;
  2. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  3. Gain profit from our services without our permission;
  4. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  5. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the source or the rights holders of software or other material;
  6. Restrict or inhibit any other user from using our services without existing our terms of use;
  7. Collect or store personal information about other end users. You are obligate to respect third parties privacy;
  8. Interfere with or disrupt our site, servers, networks or services;
  9. Involve with any matter regarding our site or services;
  10. Take any action that imposes an unreasonably or disproportionately large load on our services;
  11. Using our site or services in a way that violates third parties rights;
  12. Use our services to damage a third party right.
  13. Using our fee-services without paying;
  14. Using our site for publishing or transferring pornography, false information, notorious information, threatening information, racial information, illegal information, sexual information, privacy offending information and any offending and/or illegal content.
  15. Alter, change, modify, break-down of the product to elements/objects, re-editing, reverse-engineers to our services and our productions.
  16. Use our services, data or information for sending commercials.
  17. Engage in any illegal activities;

We reserve our exclusively right, without prior notice to you, to automatically change your username or password, delete your posts or information from our site, deny you access to our site, or any combination of these options, If we suspect you are violating our terms of use.

Unauthorized access to our site is a violation of these terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by ANIBANI™ for use in accessing our site. You agree not to use any automated means, including, without limitation, robots, spiders, scripts, agents, or to monitor, access, or copy any part of our site, except those automated means that we have approved in advance and in writing.

Use of our site is subject to existing laws and to legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.

Indemnification and Compensation

You hereby agree to indemnify, defend and hold ANIBANI™ and all of our owners, officers, directors, employees, agents, information providers, partners, affiliates and licensors (all of them together from here and after the " ANIBANI™ Parties") harmless from and against any and all liability, costs, expenses and losses, (including legal and attorneys' fees) incurred by any ANIBANI™ Party in connection with any claim, including, but not limited to, claims for damage (from any kind to any person or any corporation), defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of our site;
  2. Your connection to our site;
  3. Your use of our services;
  4. Your use of our partner's applications and materials;
  5. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  6. The content, the quality, or the performance of content that you submit to our site;
  7. Your use of software or services to access our sites or services.
  8. Your violation of our Terms of use; or
  9. Your violation of the rights of any other person or entity; or
  10. Your violation of any law;

We reserve our rights to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Disclaimer

We disclaim any responsibility for the deletion, the failure to store, the not delivery, or the untimely delivery of any information, service or material. We disclaim any responsibility for any harm resulting from our site or our services or downloading or accessing any information or application or material or banners on the Internet or by using our site or services and as a result of them. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our services or our maintenance on the servers or the technology that underlies our site, failures of our service providers (including hosting, telecommunications and power providers), computer viruses, software bugs or defects, natural disasters or other destruction or damage of our facilities, acts of nature, war or any other cause beyond our reasonable control. We disclaim any responsibility for the links on our site and any applications or programs or software in our site and the content of the third parties linked sites or any advertisement in our site or any manner for any user content posted or amended on the site.

WE DO NOT WARRANT THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE OR SERVICES. OUR SITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY BANNER, PRODUCTION OR MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN CARFULNESS AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE TO YOU AND TO THIRD PARTY FOR ANY POTENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OUR SERVICES OR YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES OR SITE WILL BE SECURE, CONTINUOUS, UNINTERRUPTED OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES TO OUR SERVICES OR WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RELATION TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, MATIRIALS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THROUGHOUT THE WORLD SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU ONLY IN THE SPECIFIC NON ALLOWED WARRANTIES OR LIMITATION. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT OR SERVICES PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU ARE COMMITED TO KEEP ALL OF LAWS AND REGULATIONS IN YOUR STATE AND IN THE STATE OF ISRAEL AND YOU DECLARE THAT YOU HAVE EXCEEDED 18 YEARS (OR MORE IF YOURE STATE LAW DEMANDS THAT).

ANIBANI™ reserves the right to change any and all content, software and other items used or contained in the site and any services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

Settlements

All Legal issued with any claim or controversy of any other party shall be conducted only in Tel-Aviv, Israel according to the Israeli law.

If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or our services or our partners or our materials or these terms (Exclude money and/or fee you own us) must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Our failure to exercise or enforce all or any right or provision of these terms shall not constitute a waiver of such right or provision.

Miscellaneous

These terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and ANIBANI™ and govern your use of our site and services, superseding any prior agreements that you may have with us.

Termination: ANIBANI™ may terminate your membership, delete your profile and any content or information that you have posted on the site or service and/or prohibit you from using or accessing the service or the site (or any portion, aspect or feature of the service or the site) for any reason, or no reason, at any time in its sole discretion, with or without notice.

We reserve our exclusively right to use your posts, your productions, your banners and/or your information from our site even after you logged-out or cancelled your summation or after your membership has been terminated. These posts, banners, productions and information will solely be bind to our terms of use amendments from time to time.

The site or its services may be temporarily unavailable from time to time and may be terminated without prior notice.

You approve your agreement that you may be charged by your service providers, your mobile network operator etc. for your connections to our site as well as the synchronize process and any information transactions, and anything relating directly or indirectly to that.

You will pay us for any service you use according to our price-list. If you are paying by credit card or by any other payment company or system, you irrevocably committed not to cancel the payment or the deal or the transaction, except if the Israeli Consumer Protection Law (1981) determines other. By paying to us, you declare that you are using your own personal credit card. Any payment is subject to these terms of use and to the Israeli law.

It is agree that each application you receive from us, any banner you produce from us and ant production, use of the production and any outcome from the production are subject to these terms of use.

The service is not meant for those under the age of 18. Please do not use the service unless you are over 18 years old or older if required by your local law.

Any context of this website and these terms of use that presented in male or female and/or plural or odd is references to male or female and/or plural or odd as well and by its context.

From time to time, we may be required by our needs or by law to notify you of certain events or changes. You hereby permit and consent that such notices will be effective upon our posting them on our site or by delivering them to you through e-mail or by social applications or by social applications messages or by any other contact detail you provided. It is your responsibility to check service messages each time you use our services or our site but not less than weekly. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

You may contact us for any query by email at: contact@anibani.com.

Enjoy our website!