Web Site Terms and Conditions

Effective Date: December 15, 2014

Welcome to websites (“Site”) operated by Antics Online, Inc. (“Antics,” “we” or “us”). Through the Site, you have access to a variety or resources and content, such as webpages, data, messages, documents, text, images, graphics, photographs, designs, visual interfaces, artwork, logos, videos, audio, sounds, webcasts, trademarks, services marks, trade dress, compilations, white papers, press releases, computer code, blogs, products, features, services, other material contained or presented on the Site, and any combination thereof (“Content”).

1. Consent

These Terms and Conditions are a legal agreement by each visitor or user of our Site (“user” or “you”) and Antics. By accessing, browsing, or using this Site or the Content provided to you through the Site, you acknowledge that you have read and understood, and you accept and agree to be bound by, and comply with the Terms and Conditions below, the practices described in our Privacy Policy (collectively the “Terms”) and all applicable laws and regulations. If you do not agree to be bound by these Terms, please do not use the Site.

2. Terms Applicable to Specific Areas of the Site

Some areas of the Site may have additional rules, guidelines, license agreements or other terms and conditions that apply to access or use these areas of the Site. If there is a conflict or inconsistency between these Terms and the other rules, guidelines, license agreements or other terms and conditions for a specific area of the Site, the latter will take precedence with respect to your access to, and use of, that area of the Site.

3. Changes to these Terms

Please check this page frequently to stay aware of any changes. Antics may revise these Terms from time to time. Notification of changes will be posted prominently on the Site. All changes will apply to your use of the Site after the effective date of the updated Terms. If you continue using our Site after the effective date of our updated Terms, this will mean that you have agreed that your use of the Site is subject to the new Terms. If any proposed change is unacceptable to you, you will have the right to terminate your account with us or your use of the Site.

4. Privacy and Security

Antics believes in protecting the privacy and security of the personal data of its customers and users. Our Privacy Policy, which is hereby incorporated into these Terms, governs your use of the Site.

5. Third Party Websites

The Site may provide links to websites that are operated by parties other than Antics. When you click on one of these links, you are leaving our Site, and entering another website. Your use of any such third party website is at your own risk.

We do not control such third party websites and are not responsible for their contents or their practices or for any loss or damage that you may incur from dealing with any third party found through these third party websites. The existence of these links does not indicate our approval or endorsement of any material contained on any such third party websites or any association with their operators.

These websites operate under separate terms of use, privacy policies, and other rules than Antics. You should carefully review the terms and conditions of use of these websites, because these terms will apply to your visit to these other sites.

6. Intellectual Property Rights

The Site is owned and operated by Antics. Antics, its affiliates, business partners, and/or licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Content. All Content is protected by U.S. and foreign copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide.

This Content is intended for the use of individuals and businesses that are searching for technology solutions and services for their business. Any reproduction, distribution, or other use of Content from this Site for any commercial or non-personal purposes is prohibited.

The mark ANTICS and all other trademarks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Antics, its business partners or licensors, or of other entities, such as Antics customers or service providers. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Antics, the relevant business partner, licensor, service provider, or customer, except as an integral part of an authorized copy of the relevant Antics Content.

7. Conditions to the Use of the Site

As a condition of your use of this Site, you warrant that:

  • a. You are at least 18 years of age;
  • b. You possess the legal authority to create a binding legal obligation;
  • c. You will use this Site in accordance with these Terms; and
  • d. All information supplied by you on this Site, if any, is true, accurate, current, and complete.

We retain the right, at our sole discretion, to deny anyone access to this Site and the Content, products or services that we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

8. License and Permitted Activities

Antics grants you a limited, revocable, license to view, use, copy, print or download any Content for personal, non-commercial use only, in connection with your permitted use of the Site and for the sole purpose of performing the functions intended to be performed when using the Site features.

You may use the Site and the Content only as expressly stated in these Terms. We reserve all right, title and interest (including all copyright, trademarks, trade secrets, patents, and other intellectual property rights) in the Site and Content other than the licenses that are expressly granted in these Terms. You must retain all copyright, trademark, and other proprietary notices included in the Content or on the Site.

9. Prohibited Activities

You are not permitted to modify, copy, distribute, transmit, post, display, perform, reproduce, publish, sell, license, rent, lease, loan, transfer, assign, reverse engineer, edit, adapt, create derivative works from, the Site, any Content or products or services obtained from or through this Site or to make or attempt to make any commercial use of the Site, the Content, or any Antics product or service.

In addition, you may not:

  • a. Access, monitor or copy any Content available on the Site using any robot, spider, scraper or other automated or manual process for any purpose without our prior express written authorization or by bypassing any measures that we may use to prevent or restrict access to the Site;
  • b. Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  • c. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • d. Deep-link to any portion of this Site for any purpose without our express written permission;
  • e. "Frame,” "mirror" or incorporate any part of this Site into any other website without our prior written authorization.
  • f. Send unsolicited commercial emails to the email addresses provided on the Site;
  • g. Delete or modify any of the Content or Submissions posted on the Site;
  • h. Access another registered user's account without permission;
  • i. Share or encourage others to share a registered user’s password with others;
  • j. Stalk, harass, threaten, or defraud another user;
  • k. Spam, hack, or scam other users of the Site;
  • l. Use features of the Site for purposes other than their intended purpose or exploit programming or other errors on the Site for personal gain or to the detriment of others (such as to cause the Site to slow down or be unavailable);
  • m. Decompile, reverse engineer or attempt to derive any source code or underlying ideas or algorithms within the Site, except if specifically permitted by law;
  • n. Use the Site other than for private, non-commercial use without our prior written consent;
  • o. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
  • p. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means, or attempt to obtain any materials or information through any means not intentionally made available through the Site; or
  • q. Use any of our logos, names, trademarks, or service marks without our prior written consent, including, without limitation, as metatags or hidden text.

10. Submissions

We appreciate hearing from you. However, please be aware that, apart from your personal information (which is collected and used as provided in our Privacy Policy, any communication or material including but not limited to data, question, comment, suggestion, and the like (“Submission”), that you send or upload to the Site electronically or in any other manner, such as by sending an email, posting content on the Site, or commenting on our blog, will be treated as non-confidential and non proprietary.

By sending a Submission to Antics or the Site, you:

  • a. Grant Antics a perpetual, royalty free, sublicensable, transferable, irrevocable right and license to (i) use, reproduce, modify, adapt, translate, transmit, disclose to third parties, distribute, publish, publicly display and perform, broadcast, post, or create derivative works from, your Submission throughout the world, in any media, now known or hereafter devised; and (ii) use any ideas, concepts, techniques, or know-how contained in your Submission for any purpose, including but not limited to developing, manufacturing, and marketing products and services;
  • b. Agree never to assert against Antics, its successors or assigns, any rights that you may have in such Submission;
  • c. Represent and warrant that: (i) you own the content of your Submission, or have the necessary licenses, rights, consents, and permissions to send the Submission to Antics, post the Submission on the Site and allow others to use such Submission as described in these Terms; (ii) you have the written consent, release, and/or permission of each identifiable individual in any Submission to use the name or likeness of each such person, and to enable inclusion and use of such in the Submission in the manner contemplated by these Terms.

You will be solely responsible for your own Submissions and the consequences of posting such Submissions.

11. Prohibited Submissions

You are prohibited from sending, uploading, posting, transmitting, or making available to or from this Site any Submission that:

  • a. Is or may be viewed by others as inappropriate, offensive, defamatory, libelous, embarrassing, inflammatory, harassing, hateful, racially or ethnically insulting, threatening, obscene, sexually explicit or suggestive, pornographic, derogatory or discriminating against others such as minorities, women, children, people with certain physical or mental handicaps, or discussing, promoting, or depicting any form of abuse of a human or an animal, such as child abuse or exploitation, or animal cruelty, or unlawful, illegal, false, fraudulent, deceptive, or encouraging conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
  • b. Is protected by copyright, trademark, trade secrets, right of privacy, right of publicity unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
  • c. Infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
  • d. Would violate rights of publicity and/or privacy or that would violate any law;
  • e. Misrepresents the source or content of the Submissions that you upload or post on the Site;
  • f. Contains any commercial material or content, including, but not limited to, solicitation of funds, solicitation of business or advertising for goods, services or other activities without our prior written consent;
  • g. Uses or encourages others to use the Site for any illegal purpose;
  • h. Impersonates our personnel or another person;
  • i. Interferes with the operation of the Site or with any features of the Site, such as security features; or
  • j. Contains software viruses or code intended to harm, damage, or interfere with any software, hardware, equipment, system, data, or other information.

You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting any Submission to this Site or sending a Submission to Antics.

12. Disclaimer of Liability

THE SITE AND THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. ANTICS AND ITS AFFILIATES, BUSINESS PARTNERS AND LICENSORS (a) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SITE OR ANY CONTENT, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE; (b) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE CONTENT, PRODUCTS OR SERVICES, OR ANY DAMAGES FROM ANY VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR ANY OTHER DAMAGES ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR DOWNLOADING FROM, THE SITE OR YOUR INABILITY TO ACCESS, USE OR DOWNLOAD FROM THE SITE.

13. Disclaimer of Warranties

The Site, Content, products and services provided or referenced on the Site, and any Submission posted by another user, are provided "as is" and without any warranties or representations of any kind, express or implied. The fact that Antics is including or displaying any Content, product or service or Submission from another user on the Site is not an endorsement or a recommendation of the Content, product or service or user Submission.

Antics, its affiliates, business partners and licensors expressly disclaim any representation or warranty that (a) the Site, the Content, or any content posted or uploaded by users are or will be (i) free from errors, viruses or other harmful components, or (ii) be available to you at all times; (b) information stored on or through the Site will not be lost, hacked or accessed, modified or viewed by unauthorized third parties, (c) communications to or from the Site will be secure and not intercepted, (d) the capabilities offered from the Site will be uninterrupted, (e) the Content or any other content posted or uploaded by third parties will be accurate, complete or timely, will not contain typographical errors, will fulfill any of your particular purposes or needs, or will not infringe on any third party rights; (f) defects will be corrected; or (g) the products or services offered through the Site are or will remain available in all jurisdictions.

OTHER THAN THOSE WARRANTIES THAT, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, ANTICS, ITS AFFILIATES, BUSINESS PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Some jurisdictions may not allow the exclusion of implied warranties. Consequently, some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

14. Limitation of Damages

ANTICS, ITS AFFILIATES, BUSINESS PARTNERS OR LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, CONTENT, PRODUCTS AND SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR USE INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF, OR CONNECTED WITH (A) ANY USE, BROWSING OR DOWNLOADING OF ANY PART OF THE SITE OR CONTENT; (B) ANY DEFECT, OMISSION, ERROR, INTERRUPTION, OR VIRUS, IN ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR ANY SUBMISSION BY ANOTHER USER POSTED ON OR AVAILABLE THROUGH THE SITE; (C) ANY INABILITY TO USE, DELAY IN USE, OR OTHER FAILURE OF ANY COMPONENT OF THIS SITE FOR ANY PURPOSE, OR (D) THE PERFORMANCE OR NON PERFORMANCE BY ANTICS OR ANY AFFILIATE, BUSINESS PARTNER OR LICENSOR, OR (E) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY THEORIES, OR OTHERWISE, EVEN IF ANTICS, ITS AFFILIATES, SUBCONTRACTORS, BUSINESS PARTNERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If, despite the limitation above, Antics, or any of its affiliates, business partners or licensors is found liable for any loss or damage that arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then the liability of Antics, its affiliates, business partners and licensors will in no event exceed, in the aggregate, the greater of (a) the service fees, if any, that you paid to Antics in connection with the service that you received from this Site, or (b) ten dollars (US$10.00). Some jurisdictions do not allow the limitation of liability, thus the limitations above may not apply to you.

15. Allocation of Risk and Remedies

The limitations of warranty, liability, and damages set forth above reflect the allocation of risk between Antics and each user or visitor of the Site. These limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Antics, its affiliates, business partners, and licensors.

16. Indemnification

You agree to defend, indemnify and hold harmless Antics, its affiliates, business partners and licensors, and their respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees and court costs, in excess of the liability described above, in any action filed or commenced by any third party against Antics, its affiliates, business partners or licensors as a result of:

  • a. Your breach of these Terms or the documents referenced herein;
  • b. Your violation of any law or the rights of a third party;
  • c. Your use of this Site;
  • d. Any matter, issue, dispute, claim, demand related to the Submission(s) that you post on, or upload to the Site.

17. Use of the Site

Viruses

We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will, at all times, be free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading anything from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

Outages

We use reasonable commercial efforts to keep our Site available on a 24-hour / 7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Access to Antics Content

Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, removed, or modified at any time, and without prior notice to you. We make no commitment to update the information or Content contained on this Site. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may, in our sole discretion, refuse to allow access to the Site to any person or entity or change our eligibility criteria at any time. Antics shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.

The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions.

You are responsible for evaluating the accuracy, completeness, and usefulness of any Submission, opinion, advice, or other content available through the Site or obtained from a linked site. You should not take any action based on Submissions, or other third party information on this Site. We assume no liability or responsibility for any Submissions, including, without limitation, any errors or omissions.

Copyright Infringements

We respect the intellectual property rights of third parties and want to ensure that the Site does not contain any material that infringes the copyright of a third party. If you believe that material that violates your copyright rights is posted on the Site, please contact us. We will respond to notices of alleged infringement that comply with the requirements of the Digital Millennium Copyright Act.

Inbound Links

We welcome links from a third party site to the homepage of our Site, through a plain text link, provided that (a) you discontinue providing a link to our Site if so requested by Antics; (b) you do not imply in any fashion that Antics is endorsing any of your products or service or is affiliated with you, (c) you do not present Antics in a false light, or provide misleading or false information about Antics or the Site, (d) you do not remove or obscure the copyright or other notices on this Site; (e) you do not use any trademark of Antics; and (f) you do not replicate, frame or mirror any Content or other content of the Site. We reserve the right to require you to remove any link to the Site, in our sole discretion.

Availability of Content, Products or Services

Antics does not imply that the Content, products or services that its presents on the Site are available for use in jurisdictions other than those in which it is licensed to do business, or that it is soliciting business in any such jurisdictions. Antics does not represent that these Content, products or services will remain available to you or that you will qualify to acquire them.

18. Breach; Termination

Breach of these Terms

If you breach any of the provisions of these Terms, Antics, in its sole discretion, may terminate, suspend, restrict, or block your access to the Site, and any account that you may have with the Site, and delete any Submission that you may have submitted or posted on the Site. Antics shall not be liable to you for such termination, suspension, restriction, or blocking.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may also be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that we may have at law or in equity.

Limitation of Actions

Any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Termination

We may, in our sole discretion, any time and without advance notice or liability, terminate, suspend, restrict or block your access to all or any component of the Site, even if access continues to be allowed to others. Upon such termination, suspension, restriction, or blocking, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, restriction, or blocking shall constitute an act of trespass. We shall not be responsible to you for such termination, suspension, restriction or blocking.

19. Notices

Written Documents

You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Electronic Notifications

To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Site, electronic mail, or instant messaging.

20. Geographic Scope, Foreign Users

This Site is available for use only by individuals who are located in the United States or its territories or possessions, or who are seeking to receive services or content that is usually distributed to the residents of the United States or its territories or possessions. Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

If you elect to access the Site from locations outside of the United States, you are responsible for compliance with all local rules that may apply to you, such as rules about online conduct, acceptable content, use of email, disclosure or transfer of personal information or use of the Internet. Access to the Site, Content, Submissions, or other content posted on the Site from countries, states, or territories where this Content is illegal is prohibited.

21. Miscellaneous

Governing Law; Jurisdiction; Venue

The laws of the State of California (USA), without regard to its conflict of law rules, will govern these Terms. If you take any legal action relating to your use of the Site or these Terms, you agree to file such action only in the state and federal courts located in San Mateo County (USA). In any such action or any action that we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, whether taxable or non-taxable, and reasonable attorneys' fees and court costs.

No Waiver; No joint Venture; Assignments; Third Party Beneficiary

If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. No joint venture, partnership, employment, or agency relationship exists between you and Antics as a result of your use of the Site.

We may assign our rights and obligations under these Terms to a third party without this assignment being deemed a change in these Terms, and without notice to you. You may not assign, delegate, or transfer your rights or obligations under these Terms. There are no third-party beneficiaries to these Terms.

Entire Agreement; Headers; Severability

These Terms (including the Privacy Policy) constitute the entire agreement between you and Antics with respect to the Site. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Antics with respect to the Site.

The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal, or unenforceable, it will be requested to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.

Government Access to Data

Our performance under these Terms is subject to existing laws and legal process. Antics will comply with law enforcement requests or requirements relating to your use of the Site or information provided to, or gathered by Antics with respect to such use.

22. Questions, Complaints

How to Contact Us:

If you have any questions, comments, complaints or claims with respect to the Site, other users of the Site, if you find that certain content displayed on the Site is inappropriate or prohibited by these Terms, or if you have any other concern, please contact us as indicated below. We will investigate and attempt to resolve the matter.

  • By email: info@antics.com, with Subject: Antics Web Site Support
  • By postal mail: Antics Digital Marketing | 981 Industrial Road, Suite B | San Carlos, CA 94070. Attention: Web Site Support