No information, whether oral or written, obtained by you from AnchorFree or through the service will create any warranty not expressly stated herein. To the fullest extent permitted by law, we expressly disclaim any and all liability in connection with User Content. By posting and publishing User Content, you affirm, represent, and warrant that: A You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize AnchorFree and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by AnchorFree and this Agreement; and B your User Content, and the use thereof as contemplated herein, does not and will not: i 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 ii slander, defame, or libel any third party. AnchorFree may deny access to the Service without any prior notice if you breach this Agreement, and may terminate your use of the Service as described in Section 9 below. These remedies are in addition to any other remedies AnchorFree may have at law or in equity. The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to you to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
You may terminate this Agreement at any time by discontinuing use of all parts of the Service and certifying in writing to AnchorFree that all copies of the AnchorFree Software have been destroyed or deleted from any of your Device or other storage devices. 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. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be eligible for a refund. Arbitration is more informal than a lawsuit in court. You may not and may not allow a third party to copy, reproduce, capture, store, retransmit, distribute, or burn to cd or any other format any copyrighted content that you access or receive while using the AnchorFree software or the service. AnchorFree does not endorse any information, materials, products, or services contained in or accessible through Advertisements.
Anchorfree and the AnchorFree entities 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. If the payment mechanism such as a credit card we have on file for you is declined for payment of your Paid Service subscription fee, we may retry the payment mechanism at the same or lower rate. You understand and agree that you use, access, download the AnchorFree software and otherwise obtain or transmit materials, data, or other content while using the service at your own discretion and risk. AnchorFree reserves all rights not expressly granted in this Agreement. All other changes are effective upon publication of the changed Agreement. You agree that in the event of a dispute that is not subject to arbitration pursuant to Section 15, or if Section 15 is found to be unenforceable, any action at law or in equity arising out of or relating in any way to this Agreement or AnchorFree will be filed only in the state or federal courts located in the City and County of San Francisco, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. In such case, you agree to reimburse AnchorFree for all monies previously disbursed by it that are otherwise your obligation to pay under the Rules.
Notwithstanding the foregoing, if you are under 16 years of age, then you must not use or access the service at any time or in any manner. If you are a user of the Paid Service, you may be entitled to a refund as described in Section 9 below. You may use the AnchorFree Software solely to access the Service. You agree to pay for the subscription that you select for the Paid Service and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments. The renewal term will be for the same period of time as the initial term.
If you do not agree to this agreement, you must destroy, return or delete all copies of the AnchorFree software in your possession. Please read carefully the terms and conditions of this agreement. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose as measured by the standards set forth in the United States Federal Rule of Civil Procedure 11 b , then the payment of all fees will be governed by the Rules. Notice will be deemed given twenty-four hours after posting. You expressly acknowledge that as used in this section 13 the term AnchorFree includes the AnchorFree entities. You acknowledge and agree that AnchorFree has offered the AnchorFree software and the service, set its prices, and entered into this agreement 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. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by this Agreement.
AnchorFree reserves the right, at our discretion, to make non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified to you by AnchorFree periodically for changes. We are under no obligation to edit or control User Content that you or other users of the Service post or publish, and will not be in any way responsible or liable for User Content. The Rules and filing forms are available online at, respectively, www. Your privacy is important to AnchorFree. You hereby acknowledge and consent that AnchorFree may deliver third party Advertisements to overlay a page or as an interstitial.
Taxes may apply on the subscription fee. Arbitrators can award the same damages and relief that a court can award. The AnchorFree Paid Service fee is non-refundable except as expressly set forth in this Agreement. By posting or publishing User Content, you grant AnchorFree a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license with the right to sublicense to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed without any compensation paid to you. As part of the Service, AnchorFree may install its own certificate on your Device as a Trusted Publisher as defined by your Internet browser. Termination; Refunds; Terms of Service Violations 9.
You are responsible to canceling your subscription regardless of whether you receive any notice from AnchorFree about the renewal of that subscription. By downloading, using or accessing the Service, you represent and warrant that you are Eligible or have the permission of a parent or guardian to use the Service. This period of time is known as the Subscription Period. We may, but are not required to, pay certain fees at our sole discretion. The Service, including the AnchorFree Software, is licensed, not sold, to you. In no event will the total liability of AnchorFree or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the service or the AnchorFree software whether in contract, tort including negligence, warranty, or otherwise , exceed the amount paid by you, if any, for accessing the AnchorFree software and the service during the twelve months immediately preceding the date of the claim or twenty five united states dollars, whichever is greater.