Thank you for using Anitalk. By accessing, browsing and/or using the Anitalk website (the "Site"), mobile device software Anitalk application (the "App"), and any other mobile or web services or applications owned, controlled or offered by emonster, inc. (collectively, the "Services"), you acknowledge that you have read and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, then please cease using the Services immediately. emonster, inc. (”emonster”) reserves the right to change these Terms at any time. We recommend that you periodically check the Site or the App for changes. By accessing, browsing and/or using any Services after these updates to the Terms have been posted, you agree to be bound by the updated Terms.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND EMONSTER.
emonster grants you a limited license to use the Services in accordance with these Terms and the instructions and profile guidelines (“Guidelines”) posted on the Site and/or communicated through the App. emonster reserves the right to terminate your license to use the Services at any time and for any reason, including, but not limited to, violation of these Terms and/or the Guidelines.
You must be thirteen (13) years of age or the age of majority in your jurisdiction, whichever is greater, to use the Services. By accessing the Services, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of thirteen (13) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Services in violation of the Terms will be banned from the Services and may be the subject of additional action by emonster. It is your responsibility to confirm that use of the Services is permissible under the applicable laws and regulations where you make use of the Services. If any applicable laws and regulations prohibit your use of the Services, you may not use the Services.
EMONSTER PROVIDES THE EMONSTER SERVICES ON AN "AS IS" AND “AS AVAILABLE” BASIS. EMONSTER DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. EMONSTER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE EMONSTER SERVICES. EMONSTER DOES NOT WARRANT THAT THE FUNCTIONS OF THE EMONSTER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EMONSTER SERVICES OR THE SERVERS THAT MAKE THE EMONSTER SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL EMONSTER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE EMONSTER SERVICES AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT EMONSTER HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE EMONSTER SERVICES SHALL BE TO TERMINATE YOUR USE OF SUCH SERVICES. IN NO EVENT SHALL EMONSTER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR YOUR USE OF THE EMONSTER SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU EMONSTER FOR USE OF THE EMONSTER SERVICES DURING ANY ONE MONTH.
Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
YOU UNDERSTAND THAT YOUR USE OF THE EMONSTER SERVICES MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN INJURY OR ILLNESS, INCLUDING, BUT NOT LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OF OTHER USERS OR OTHER THIRD PARTIES, OR OCCURRENCES BEYOND THE CONTROL OF EMONSTER. BY USING THE EMONSTER SERVICES, YOU ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS EMONSTER FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE EMONSTER SERVICES.
THE EMONSTER SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE.
YOU ACKNOWLEDGE AND AGREE THAT HAS EMONSTER THE EMONSTER SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE FOREGOING WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EMONSTER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EMONSTER. EMONSTER WOULD NOT BE ABLE TO PROVIDE THE EMONSTER SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms or any Guidelines at any time. Please check these Terms and all Guidelines periodically for changes. Your continued use of the Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and Terms of use may apply to services or products provided through one or more of our business partners or advertisers, and you should refer to those before using such services or products and also see our Privacy Policy for more information.
EMONSTER, the EMONSTER logo, EMONSTER product screen shots and the App Icon design are trademarks or the subject of other intellectual property rights of EMONSTER, and may not be used without prior, express written permission from EMONSTER, other than for attribution. All other trademarks not owned by EMONSTER that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EMONSTER.
All content included on the Services, such as text, graphics, logos, software and the compilation of all such content, is the property of EMONSTER and/or its licensors, as applicable (the “EMONSTER Content”), and protected by United States and international intellectual property and other laws. Except as set out in these Terms, no reproduction, transmission, modification or display of any EMONSTER Content is permitted without our prior, express written permission.
It is our policy to respond to notices of alleged copyright infringement in compliance with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
If you believe that your content has been made available through the Services in a way that constitutes copyright infringement, please provide EMONSTER’s Agent for Notice of Copyright Claims with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
EMONSTER Support
support@anitalk.app
EMONSTER will respond expeditiously to claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998.
While the Standard Service on EMONSTER is free for use, additional data charges may apply to you for mobile use of the Services through your mobile device. Additional fees may also apply for use of the Pro Version or other aspects of Services. If there is a charge associated with a portion of the Services, you agree to pay that charge by accessing or using it. The price stated for the Services may be denominated in your local currency by iTunes App Store, Google Play Store or any other applicable app store through which you download the App (each, an “App Store”) on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. EMONSTER relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the Services may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
If you would like to buy the Pro Version of the Services, you do this with in-app subscriptions from the App Store on your device. You will be advised of the charge for the Pro Version of the Services before making payment and being billed. You must make all payments through a charge through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the Services (including any applicable taxes) at the rates in effect when the charges were incurred. BETWEEN YOU AND EMONSTER, YOU, AND NOT EMONSTER, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
Subscriptions are managed by the App Store directly. EMONSTER does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for at least thirty (30) days. Payment will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24)hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
The Services may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Services are provided in connection with third parties and may be subject to additional Terms that these third parties may impose.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
The Services allow the submission of content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize EMONSTER to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Services and these Terms. For clarity, you shall retain all of your ownership rights in Your Content.
EMONSTER assumes no responsibility whatsoever in connection with or arising from User Submissions. EMONSTER assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time EMONSTER chooses, in its sole discretion, to monitor User Submissions, EMONSTER nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, EMONSTER does not endorse and has no control over the content of User Submissions submitted by other Users. EMONSTER makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by EMONSTER.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation
EMONSTER does not claim ownership of Your Content. However, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, translate, adapt, publicly perform and publicly display Your Content in connection with your use of the Services, consistent with our Privacy Policy and as necessary for posting, displaying, distributing and storing Your Content on the Services. You also grant the Users of the Services the right to access Your Content in connection with their use of the Services. You understand that the technical processing and transmission of data associated with Your Content may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of servers, connecting networks or devices.
EMONSTER and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
You agree to indemnify, defend, and hold EMONSTER, its subsidiaries, affiliates. directors, officers, employees, agents, suppliers and partners, harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the Services in violation of these Terms and/or your interactions with other Users of the Services, including, but not limited to, (a) your use or misuse of any location information or the Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Terms, or (d) your use the Services to communicate with or meet another User in-person or to locate and attend any offline place or event. EMONSTER reserves the right, at your expense, 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.
You are solely responsible for your interactions with other Users using the Services and EMONSTER assumes no liability for these interactions. EMONSTER does not conduct criminal or other background checks on its Users, but reserves the right to do so at any time. EMONSTER assumes no liability for your interactions with other Users and makes no representations or warranties as to the conduct of Users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in your interactions with other Users of the Services. EMONSTER is not responsible for monitoring any disputes between you and other Users.
You will create a username and password as part of the registration process for the Services. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify EMONSTER of any actual or suspected unauthorized use of your password or account or any other breach of security. You agree that all information that you are required to provide to EMONSTER as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.
These Terms and your relationship with EMONSTER shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Washington in the State of Washington with respect to any claims arising from these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
YOU AND EMONSTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EMONSTER SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD AS DEFINED BY JURISDICTION. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.