Terms of Use

THE FOLLOWING TERMS OF USE GOVERN YOUR ACCESS AND USE OF THE WEBSITE LOCATED AT HTTPS://WWW.ANOMALY.COM (THE “SITE”). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO THE WEBSITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

These Terms of Use may be amended by Anomaly, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to check this page from time to time so you are aware of any changes, as they are binding on you. Anomaly reserves the right to discontinue or make changes or updates with respect to the Site at any time without notice.

Privacy Policy

Personal information provided through this Site shall be used in accordance with Anomaly’s Privacy Policy. These Terms of Use are subject to the Privacy Policy as posted on this Site.

Copyright and Trademarks

You acknowledge that all content on this Site, including the design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Site, and the selection and arrangement thereof (collectively, “Content”), are the property of Anomaly, its licensors or other third parties, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Anomaly or the respective intellectual property rights owner. Anomaly authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The Anomaly name, logos, product and service names, designs, and slogans are trademarks of Anomaly. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site, are the sole property of Anomaly, its licensors and/or third parties and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the respective intellectual property rights owner.

Links to Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Anomaly does not control or endorse any such third party websites. You agree that Anomaly and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. Anomaly expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Anomaly recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

DMCA Take-Down Procedure

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied by Anomaly-produced material and posted on the Site in a way that constitutes copyright infringement, please provide Anomaly’s copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Anomaly’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Anomaly
Attn: Legal Department
536 Broadway, 11th Floor New York, New York 10012
Phone: 917-595-2200
Email: legal@anomaly.com

Anomaly, however, is not providing or hosting any of the Third Party Content found on the Site; rather, third parties are providing and hosting such Third Party Content found on the Site. If you believe that your work has been copied by the Third Party Content and posted on the Site in a way that constitutes copyright infringement, please review the DMCA Take-Down Procedures established by the Third Party Content provider that hosts such material (such as YouTube or Twitter). The Third Party Content providers may be able to address your concerns, including the removal of your material from the Site.

Anomaly suggests that you consult your legal advisor before filing a notice with Anomaly’s or the Third Party’s copyright agent. You should be aware that there can be penalties for false claims under the DMCA.

No Unlawful or Prohibited Activity

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to:

  • Use the Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

  • Use the Site In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Site.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

Anomaly reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

Disclaimer of Warranties

Anomaly strives to provide accurate and up-to-date material on the Site. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We make no warranties or representations as to the accuracy or timeliness of the Content on this Site.

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANOMALY EXPRESSLY DISCLAIMS 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. ANOMALY MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Damages and Limitation of Liability

NEITHER ANOMALY NOR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR

OTHERWISE, EVEN IF ANOMALY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST ANOMALY AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS, VENDORS, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

Indemnification and Release

You agree to indemnify, defend and hold harmless Anomaly and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. Anomaly makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

No Waiver

The failure of Anomaly and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit Anomaly's right thereafter to insist upon strict adherence to that term or any other provision of.