Privacy and Legal Notices

Our Privacy Statement, effective December 10, 2019, is located here. Our Web Site Terms and Conditions, effective December 10, 2019, is located at here. By using our web sites, you agree to our Web Site Terms and Conditions.

Welcome to the web sites operated by Antics Online, Inc. (“Antics”). Antics provides marketing, technology and software services to its Clients and Business Partners, including hosting or operating web sites on their behalf.

All uses of Antics or Antics DMS-branded web sites and digital marketing materials are governed by our Web Site Terms and Conditions. Our Privacy Statement explains how we collect, protect and use data collected from visitors.

When you interact with other web sites or digital marketing materials hosted or operated by Antics on behalf of our Clients and Business Partners using our Antics DMS software platform, these sites are governed by the policies and terms of our Clients and Business Partners. Please refer to their privacy policies and terms published on each web site. In all cases, at minimum, our privacy practices are described in the Antics DMS Privacy Notice.

Privacy Statement

Last updated: December 10, 2019

Antics Online, Inc. ("Antics") respects your privacy and has created this privacy statement ("Statement" or “Privacy Statement”) in order to demonstrate its commitment to customer privacy.

This Privacy Statement governs the websites owned and operated by Antics, antics.com, anticsdms.com ("Site") and our interaction with individuals through online tools, telephone, correspondence, electronic communications, newsletters, interviews, surveys, tradeshows, or promotions as part of the Antics operations.

Overview

We have established this Statement as a means to communicate our data gathering and dissemination practices to the visitors of our Site. This Privacy Statement describes how we use, disclose and protect personal information that you share with us on or through the Site. "Personal information" is information that enables us to identify you.

Consent

By using this Site, you agree to the provisions in this Privacy Statement. Your continued use of the Site, or continued interaction with us after we have notified you of a material change in our Privacy Statement in accordance with the “Changes to this Statement” section will be deemed an acceptance of these new terms.

Scope

This Privacy Statement applies to the information that we collect or receive from (a) visitors of the Antics.com and anticsdms.com websites, (b) business users of the Antics Digital Marketing System, and (c) any individuals with whom we interact through telephone, correspondence, electronic communications, newsletters, interviews, surveys, tradeshows, or promotions.

It does not apply to users or visitors of the websites or subsites that we develop for our customers. These websites are governed by other terms and conditions and policies with respect to the handling of personal information.

Collection of Identifying Information

Our primary goal in collecting information is to provide you with a friendly, customized, and efficient experience.

Direct Collection

Antics collects identifying information when you use or visit the Site. For example, we may require customers who register on the Site to give us the following: name, company name, address, phone number, and email address.

When you initially express interest in obtaining additional information about our Services, or when you register for a demonstration of our Services, we may ask for additional types of personal information, such as title, department name, fax number, or additional company information, such as annual revenues or marketing spend. You can elect not to disclose this additional information by not providing it when asked to do so.

We may collect your contact details, record your questions or requests about our products or services, information about your background or your company, and how we followed up, if you respond to an online or offline campaign, visit our booth at a trade show, you meet with our representatives at a networking event, or you participate in a survey or promotion. We assume that if you contact us, or come to visit with us and provide us with your contact information, it is with the intent that we communicate with you about our products or services.

Third Parties

For purposes such as improving personalization of our Services, we may obtain personal information from affiliated entities, business partners, publicly available databases, and other independent third-party sources and add it to our contact database for marketing and sales purposes to combine it with other information that we have collected or obtained otherwise. This may include phone number, email address, title, or company. We may obtain credit checks from credit reporting agencies or similar information for use in making credit decisions.

Navigation Information

Antics collects certain information from visitors to the Site that is provided by the visitor’s browser, such as type of device operating system version, unique device identifier, browser type and version, mobile network information, screen resolution, IP or MAC addresses, and referring domain.

We collect other information through cookies and other technologies, such as information about a user’s online activity, the web pages used, and any link or advertisement on which the user clicks. For more information, please see the Cookie section.

Use of Information

Communications

We use the information we collect to contact potential customers to discuss their interest in our company, the services we provide, and to send information regarding our company or partners, such as promotions and events.

You can opt out of being contacted by us, or receiving such information from us, at any time by clicking the "unsubscribe" link at the bottom of any email you receive and opting out. You may also contact us at privacy@antics.com to opt out of future communications from us.

Antics reserves the right to send subscribers of the Antics Digital Marketing System ("System") certain communications relating to the System, such as service announcements and administrative messages, that are considered part of the subscriber’s account, without offering the opportunity to opt-out of receiving them.

If you are a registered user of Antics' subscription-based System and your trial subscription expires, some information about you may remain in our records after the end of your trial or subscription.

Business Users

If you or your employer have purchased our Subscription Services, we may use your contact information to provide access to the relevant service, respond to your request for assistance, resolve disputes or trouble shoot problems. We may use personal information to manage your customer account. While we have access to a customer’s billing contact information, we do not have access to payment information (e.g. credit card numbers). All payment issues are handled by our service provider who only informs us whether payment has been made or not.

We do not use the personal information of business users that is associated to, or that we might collect about, their use of our System for any purpose other than to provide them with the service that they requested or to improve that service.

Correspondence

We may use your correspondence, contact information, email address, and any information that you provide in your messages, to respond to you.

Marketing and Business Development

We may use your contact details to solicit feedback from you, including through surveys. We may use your personal information to estimate how likely you might be to become a customer, to send you marketing communications and promotional material; or to provide you with information about our white papers, our System, Services, promotions, and other products and services.

If you demonstrate an interest in a particular product or service, such as by affirmatively clicking on a link about the product or service, and we have your contact information, we may follow-up and send you an email or initiate communication with you about this product or service. You have the right to prevent future interaction with you. To do so, please contact us as indicated in the “How to Contact Us” section below.

Investigations

We may use personal information to prevent or investigate potentially prohibited or illegal activities, or to enforce our Terms and Conditions or Subscription Agreement.

Analytics

We may aggregate personal information and usage data (“Aggregated Information”) in order to obtain statistical information, such as to calculate the percentage of users who have a particular zip code or telephone area code. We use Aggregated Information to understand how our site is used, for research or product development, for example, to measure interest in, or monitor the use of any content, product, services or promotions that we provide through the Site, to improve these content, products, services or promotions, and for the technical administration of the Site.

Navigation Information

Navigation information is logged to help diagnose technical problems, to analyze trends, to track users' movements around the site, and to administer our System in order to constantly improve the quality of the System and our Services.

Cookies and Other Technologies

When you interact with the Site, we try to make that experience simple and meaningful. When you visit our Site, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to indicate whether you have visited the Site previously, recall your choices, or help you navigate from page to page easily.

Choices about Cookies

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.

If you reject all cookies, you may not be able to use Antics products or services that require you to "sign in" and you may not be able to take full advantage of all offerings.

If you have any other questions about cookies and other technologies, please visit http://www.allaboutcookies.org/ or http://networkadvertising.org/ or contact us as indicated in the How to contact us section.

Our Practices Regarding Cookies

Antics uses cookies for a number of purposes, including to: access your account information when you "sign in" so that we can provide you with customized content; keep track of preferences you specify while you are using Antics services; estimate and report our total audience size and traffic; and conduct research to improve Antics content and services.

Action tags

Pixel tags, action tags, gif tags, beacons, or similar technologies (tracking technologies) are placed on pages of the Site by us or by one of our service providers or business partners. They allow the collection of information such as the date or time when a designated page was viewed or how long the Site user stayed on a specific page. This information is collected in an aggregated format. Users cannot remove or block action tags because they are coded in the programming of the Site, rather than being sent to a browser. However, they can remove any cookie that is associated with the action tag, as explained above.

Information Sharing and Disclosure

Service Providers

We may engage certain third parties to perform functions and provide services to us, such as hosting and maintenance, customer relationship, storage, database management, credit card processing, credit reporting, collection, fraud prevention, business analytics, chat, website analytics, website optimization, lead scoring, retargeting, direct marketing campaign, or similar services.

We will share personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of the personal information.

Targeted Marketing

We may contract with publishers and third parties to serve targeted advertisements about Antics to individuals who have visited our site so that our advertisements are presented to these individuals while they are visiting a third party’s website. This is accomplished by combining cookies and action tags that are shared with these third parties.

To Defend or Enforce our Rights

We may use or share personal information to protect ourselves or protect the Site, to establish or exercise our legal rights, respond to a breach of our Terms and Conditions or Subscription Agreement, when we believe it is appropriate to protect the property and rights of Antics, the safety of our company, our customers or others, to investigate, prevent, take action against, or stop any fraudulent, illegal, unethical, or legally actionable activity, in connection with our Site, services, Subscription Agreement or other agreements.

Corporate Events

Antics may disclose and transfer the personal information obtained from you through this Site or the System as part of a merger, acquisition or other sale of its assets or business, or in the unlikely event of a bankruptcy.

Compliance with Laws and Third Party Requests

We may be legally obligated to disclose information to the government or to third parties under certain circumstances, such as illegal activity on our Site. Antics reserves the right to release personal information to its service providers, law enforcement or other government officials, or in response to a formal request in a civil action, Court order, subpoena, warrant, or judicial or administrative proceeding as Antics, in its sole and absolute discretion, deems necessary or appropriate.

Aggregated Information

We may provide Aggregated Information to third parties. Such information will not include personal information of any customer or visitor.

Information Security and Data Storage

Our Site has security measures in place to help protect against the loss, misuse, and alteration of the Personal Information and Customer Data under our control. Only employees who need customer information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

Accessing, Correcting and Updating Your Information

If you are a registered user of the Site, you may have access to, update or correct the information you provided to us by requesting such access or changes as indicated in the “How to contact us” Section. If you or your employer has purchased a subscription to our System, you may be able to access and update your information through our System.

If you feel that any personal information about you that has been collected and stored by Antics may be wrong, or you would like us to remove information about you from our systems, please notify us at privacy@antics.com so that we may correct or delete the information.

Opt-Out Policy

If, at any time after registering for information or ordering Services, you change your mind about receiving promotional information from us, send us a request specifying your new choice at privacy@antics.com.

Antics reserves the right to send customers certain communications relating to the Service, such as service announcements and administrative messages that are considered part of your account, without offering you the opportunity to opt-out of receiving them.

Conditions of Use

If you decide to visit the Site, your visit and any possible dispute over privacy is subject to this Statement and our Web Site Terms and Conditions [HYPERLINK], including limitations on damages, arbitration of disputes, and application of California law.

Third-Party Sites; Third Party Information

This Statement does not apply to the practices of third parties that Antics does not own or control.

The Site contains links to other websites. Antics is not responsible for the privacy practices or the content of these other websites. Customers and visitors will need to check the policy statement of these other websites to understand their policies.

Our Policy Towards Children

The Site is not directed to persons under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us as indicated in the “Contact Us” section. If we become aware that a child under 13 has provided us with personal information, we will remove such information from our files.

California Disclosures

Do Not Track Policy

California law requires that operators of website and online services disclose how they respond to a “Do Not Track” signal and whether other third parties may collect personal information about an individual’s online activities from their site or service. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

However, in the meantime, if you want prevent us from tracking your use of our Site or Service so that we can send you targeted advertisements, please contact us as indicated in the “How to Contact Us” section below.

To learn more about online behavioral advertising, and/or to opt-out of this type of advertising, please visit the Network Advertising Initiative website or the Digital Advertising Alliance website. You can also contact us as indicated in the How to contact us section.

Third Party Cookies

We allow third parties with which we have a separate agreement to use cookies and other technologies to collect information about the use of our website. These third parties include business partners who provide technologies to help us improve the experience or analytics on our Site and may collect information when you view or interact with our site.

We do not do not share with these third parties any information that would readily identify about you (such as email address); however, these third parties may have access to information about your computer, laptop, tablet, smart phone or other device (such as IP or MAC address). We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy.

Your California Privacy Rights

Under California Civil Code Section 1798.83, California residents have the right to request in writing that we provide (a) a list of the categories of personal information, such as name, email and mailing address, and the type of services provided to the customer, that we have disclosed to third parties (including affiliates that are separate legal entities) for the third parties’ direct marketing purpose, during the immediately preceding calendar year; and (b) the names and addresses of all such third parties.

We do not currently share personal information of our customers or visitors with any third parties for the direct marketing purposes of these third parties. If our practices change, we will address the issue in accordance with California Civil Code Section 1798.83.

Disputes

If you have any concerns or claims with respect to our Privacy Statement, please contact us as indicated in the “How to Contact Us” section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of our customers’ personal information.

If the complaint or dispute cannot be resolved through our internal process, and we do not adequately respond to your question, please contact the San Francisco office of JAMS, which will serve as a liaison with us to resolve your concerns.

If dispute resolution proceedings are necessary, they will be conducted by telephone and email, and if they must be done in person, they will be conducted in San Francisco, California by one member of JAMS, and under the applicable rules set by JAMS for this type of dispute resolution. Both parties will bear equally the cost of dispute resolution proceedings (exclusive of their own legal fees and expenses). All decisions of the mediator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

Changes to this Statement

Antics may update this Statement at any time, so please review it frequently. If we make material changes to this Statement, we will notify you by a notice posted on the home page of the Site, or as required by applicable law. You are advised to consult this Privacy Statement regularly for any changes.

How to Contact Us

If you have questions or concerns regarding this Statement, or our personal information handing practices, you should first contact Antics Support at privacy@antics.com. You may also write to us at Antics Digital Marketing, PO Box 1342, San Carlos, CA 94070. Your privacy is important to us, and we will make every effort to resolve your concerns.

Antics DMS Privacy Notice

This Privacy Notice is effective as of December 10, 2019.

Antics Online Inc. (“Antics”, “we”, “us”) has developed a marketing automation platform to provide marketing database, automated electronic communications, relationship and loyalty marketing services (“Antics DMS Service”). As part of the Antics DMS Service, Antics develops subsites and/or separate websites, digital media pages, social media, mobile apps, and electronic communications (“Subsites”) for, and on behalf of companies (“Business Partners”), under services agreements. Information about individuals using these Subsites (“Visitor” or “you”) is collected from or through each Subsite, analyzed and processed by or through the Antics DMS Service on behalf of the Business Partner, and then shared with the Business Partner.

Antics respects your preferences concerning the treatment of the data that is collected about you (“Visitor Information”). This Privacy Notice lets you know how we collect and use your Visitor Information, and how you can control its use by Antics on behalf of its Business Partners.

By visiting a Subsite, you consent to the collection and processing of your Visitor Information as set forth in this Privacy Notice.

1. Summary

  • Antics DMS collects your Visitor Information through a Subsite only in accordance with our Business Partner’s Privacy Policy (as displayed on the applicable Subsite) or when uploaded or transferred into Antics DMS by a Business Partner;
  • We will not share Visitor Information with third parties other than our service providers and the specific Business Partner to whom we are providing the Subsite;
  • We may share Visitor Information in the event of a dispute, or if required by law;
  • We will take reasonable measures to protect the security of Visitor Information;
  • You will have the right to access, and obtain correction or deletion of, Visitor Information about you.

2. Table of Contents

  • 1- Summary
  • 2- Table of Contents
  • 3- Definitions
  • 4- Scope
  • 5- Collection
  • 6- Use
  • 7- Sharing and disclosure
  • 8- Users’ Rights
  • 9- Cookies and other technologies
  • 10- California Disclosures
  • 11- Security
  • 12- Liability
  • 13- Links to Other Websites
  • 14- Children
  • 15- Disputes
  • 16- Updates
  • 17- How to contact us

3. Definitions

For ease of use of this Privacy Notice, the following terms have been associated with the specific meaning provided below.

“Administrative User” means any individual who is legally authorized to have access to the Visitor Information, and who has access to Visitor Information for administrative purposes such as to provide maintenance or support. An Administrative User may be an employee of a Business Partner or Antics.

“Business Partner” means the company for whom Antics develops a Subsite that is used to manage or operate a Program under a Services Agreement.

“Device” means a computer, laptop, desktop, smart phone, tablet, and any other similar static or mobile equipment that is used for online activities.

“Identifying Information” means all information that identifies an individual or that, when combined with other information available to the data holder, may allow identifying an individual with reasonable certainty.

“Log Information” means all of the data that are generated through your use of a Subsite, such as data that is automatically provided by your browser (such as type of Device, operating system, unique Device identifier, IP address, MAC address, browser type and version, screen resolution, referring website, mobile network information, IP address), and information that is collected through cookies, tags, and other tracking technologies.

“Program” means any survey, contest, application/registration process, marketing campaign, or any other promotional activity that Antics develops for and on behalf of a Business Partner.

“Services” means the Services provided to a Business Partner under a System Services Agreement.

“Services Agreement” means the agreement entered between Antics and a Business Partner for the provision of Services.

“Subsite” means any separate website, digital media pages, social media, mobile app, or electronic communications mechanism that Antics develops and manages on behalf of Business Partners pursuant to Services Agreements.

“Visitor” means any individual who has agreed to participate in a Program organized by a Business Partner and managed through a Subsite.

“Visitor Information” means Identifying Information and Log Information pertaining to a Visitor.

4. Scope

This Privacy Notice covers the collection and use of Visitor Information obtained from or through any Subsite. It describes how Antics uses, discloses, and protects such Visitor Information.

When our Business Partners’ Administrative Users access Visitor Information on the Subsite, their use of the Visitor Information is subject to the Business Partner’s privacy policies.

This Privacy Notice does not apply to the collection, use, disclosure or other processing of the Visitor Information from or through a Subsite by a Business Partner or any third party. Each Business Partner determines in its sole discretion the terms and conditions, and privacy policies that apply to Visitor Information. These terms and conditions and privacy policy of the Business Partner are posted on the relevant Subsite that Antics operates or manages for that Business Partner.

5. Collection

The Antics DMS Service collects Visitor Information from or about a Visitor: (a) as provided by a Business Partner and uploaded or transferred into the System by the Business Partner, (b) as provided by third party web services such as Facebook Connect when a Visitor chooses to participate in that manner, (c) through the Subsite when the Visitor completes a form to participate in a Program of a Business Partner, or (d) as stated in the Business Partner’s Privacy Policy published on the applicable Subsite.

Information collected may include Identifying Information, such as the Visitor’s first name, last name, email address, and any other Visitor Information that a Visitor provides at part of his/her participation in a Program.

The Visitor Information remains the property of, and in control of, the applicable Business Partner.

The Antics DMS Service collects Log Information as provided by the Visitor’s browser, or through the use of cookies and tags. For more information on cookies and tags see our section “Cookies and Other Technologies” below.

6. Use

The Antics DMS Service processes Visitor Information on behalf of the Business Partners to establish audiences who receive communications about a Business Partner’s Program and create reports that are available through the Antics DMS Service for use by the Business Partner’s Administrative Users.

Antics may use the Visitor Information to send information about our Business Partners’ Programs.

Antics, its Administrative Users and the Business Partner’s Administrative Users have access to Visitor Information to resolve a problem or support issue, or to investigate a suspected violation of the Service Agreement, or as may be required by law.

7. Sharing and Disclosure

Antics will not review, share, distribute, print, or reference any Visitor Information except as provided below or as may be required by law.

Business Partners

If a Visitor decides to participate in a Program of a Business Partner, the Visitor Information that is collected from the relevant Subsite will be available to both Antics and the Business Partner. We will use the Visitor Information in accordance with this Privacy Notice. Our Business Partner will use it in accordance with its own privacy policies, which is posted on the applicable Subsite. Please note that we do not control the privacy practices of our Business Partners.

Service Providers

We may engage third parties to perform certain functions and provide services to us, such as, hosting and maintenance, business analytics, retargeting services or similar marketing services. We may share Visitor Information with these third parties, but only to the extent necessary for them to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your Visitor Information in accordance with the principles described in this Privacy Notice.

Antics’ or Third Parties’ Rights

We may share Visitor Information to protect our company or our Business Partners, to establish or exercise our legal rights, when we believe it is appropriate to protect the property and rights of Antics or a third party, a Visitor or others, to investigate, prevent, take action against or stop any fraudulent, illegal, unethical or legally actionable activity in connection with our Services.

Business Transfers

If any or all of the assets of Antics are acquired by, or merged with those of another entity, or in the unlikely event of a bankruptcy, Antics may disclose, share and transfer some or all Visitor Information obtained as part of a merger, acquisition or other sale of its assets or business. Each Visitor will be given the option to continue or terminate your participation in the Program if the privacy policy of the successor entity is not consistent with the Antics privacy policies described in this Privacy Notice.

Legal Requirements

Antics reserves the right to release Visitor Information to law enforcement officials, government or private parties as, in its sole discretion, it believes necessary or appropriate to respond to, and defend against, legal claims, respond to legal process (facially valid subpoena, warrant, court order or other legal process) or otherwise as required by law.

Aggregate Information

Data aggregation is a process in which data are gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. Aggregated data is used for industry analysis, demographic profiling, and other purposes.

Antics may prepare for a Business Partner, reports, market analysis, and trend analysis that are based on compilation of Visitor Information that Antics or a Business Partner has collected. These reports do not contain specific Visitor Information, but only aggregate information regarding a group of Visitors.

8. Visitors’ rights

While we have provided our Business Partners with all the tools necessary so that they can manage their interaction with their Visitors, you may contact us with your questions. Please refer to the How to contact us section below.

You have the right to access, delete, and object to new uses of your Visitor Information. To take any of these actions, follow the instructions posted in the Business Partner’s privacy statement on the applicable Subsite.

9. Cookies and other technologies

The Antics DMS Service may program a Subsite to collect information through the use of cookies and other technologies as described below. By using any Subsite, you expressly consent to the use of cookies and other technologies by Antics in accordance with our Privacy Notice and the privacy settings of our Business Partner.

A cookie is a small text file sent to your computer when you visit a website and saved in your browser. The use of cookies helps us to remember information you already provided us, monitor aggregate usage information and web traffic routing on the Subsites, and enhance your experience through the Subsites.

There are different types of cookies. We may use “Sessions cookies,” which are deleted when you log off from the Subsite, and enable us to better understand how you use or interact with the Subsite. We may use “Permanent cookies,” which remain in your browser so that they can remember your actions through the Subsite and your preferences. We may use "Third-party cookies" from other domain sources that are displaying items on the page visited through the Subsite. We are not responsible for the use of the cookies and other technologies by such third parties.

We do not share any information collected from the use of cookies and other technologies with third parties, other than our service providers and the applicable Business Partner. The collection and the use of cookies other than those that we have programmed by our Business Partners, tracking utility company, service providers or any third party is not covered by our Privacy Notice. We do not have access or control over the Visitor Information collected from these other cookies.

Tags

Tags (also known as clear gifs, pixel tags or Web beacons) are tiny graphics with a unique identifier, similar in function to cookies, which are placed in the code of a webpage. We use tags to monitor the traffic patterns of Visitors from one page within the Subsite to another, to deliver or communicate with cookies, and to improve the Subsite performance, or to track visits to other sites owned or controlled by the Business Partner.

If you have any other questions about cookies and other technologies, please visit http://www.allaboutcookies.org/ or http://networkadvertising.org/ or contact us as indicated in the “How to contact us” section.

10. California Disclosures

Do Not Track

California law requires that website operators disclose how they respond to a “Do Not Track” signal. However, because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signals, if any, that we might receive from browsers. We will continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

To learn more about online behavioral advertising, and/or to opt-out of this type of advertising, please visit the Network Advertising Initiative website or the Digital Advertising Alliance website. You can also contact us as indicated in the How to contact us section.

Third Party Cookies

California law requires that website operators disclose whether third parties may collect information about an individual’s online activities. Our Business Partners may ask us to allow third parties with whom they have a separate agreement to use cookies or other technologies to collect information about Visitors’ visits to the Subsite. These third parties may collect information when a Visitor views or interacts with certain areas of this Subsite, and advertising networks, which may collect information about a Visitor’s interests or preferences, so that they can display promotional material tailored to the Visitor’s apparent interest on this Subsite or across the Internet. You should consult the Privacy Policy of the Business Partner, as posted on the Subsite, to learn how that Subsite collects and users Visitor Information.

Antics is not responsible for the use of the cookies and other technologies by such third parties. The collection, use, and disclosure of the Visitor Information are subject to the privacy statements and terms and conditions of such third party websites.

California privacy rights

We do not share Visitor Information with third parties for their direct marketing purposes other than as described in this Privacy Notice. If our practices change, we will provide you with the relevant information as required by applicable law. You should consult the Privacy Policy of the Business Partner, as posted on the Subsite, to learn whether and how that Subsite share Visitor Information with third parties for direct marketing purposes.

11. Security

Antics employs administrative, physical, and electronic measures (firewalls, intrusion detection, vulnerability scan, and other industry-standard technology to help prevent interference or access from outside intruders) designed to protect Visitor Information from unauthorized access, loss, misuse, disclosure, alteration, and destruction. The servers on which the information is stored are in a supervised environment with controlled access.

However, since the Internet is opened to threats, viruses, intrusions and hacking from others or attacks while data are in transit, over which we may have no control, Antics cannot guarantee the absolute security of your information at all times.

If Antics becomes aware of a security breach resulting from an unauthorized access and/or disclosure of your information, we will notify our Business Partner that a security breach has occurred in accordance with applicable law. If so requested by our Business Partner, we may notify you directly or through any Subsite, in accordance with all applicable law.

12. Liability

We exercise reasonable efforts to safeguard the security and confidentiality of your Visitor Information. Antics will not be liable for unauthorized disclosure of Visitor Information that occurs through no fault of Antics including, but not limited to, errors in transmission, uses of Visitor Information by a third party, your failure to comply with your security obligations, and the unauthorized acts of Antics’ or Business Partners’ employees.

13. Links to other websites

This Privacy Notice addresses only the use and disclosure of information that we collect from Visitors through each Subsite as part of the services that we provide to the applicable Business Partners. This Subsite may contain links to other websites. The fact that the Subsite links to another website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Visitor Information from you. They follow their own rules regarding the use or disclosure of the Visitor Information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.

14. Children and minors

The Subsite is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Visitor Information without their consent, he or she should contact us as indicated in the How to contact us section. If we become aware that a child under 13 has provided us with Visitor Information, we will remove such information from our files as soon as reasonably possible.

15. Disputes

If you have any concerns or claims with respect to our Privacy Notice, please contact us as indicated in the “How to contact us” section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of Visitor Information.

If the complaint or dispute cannot be resolved through our internal process, or Antics does not adequately respond to your question, please contact the San Francisco office of JAMS, which will serve as a liaison with Antics to resolve your concerns.

If dispute resolution proceedings are necessary, they will be conducted by telephone and email, and if they must be done in person, they will be conducted in San Francisco, California, by one member of JAMS, and under the applicable rules set by JAMS for this type of dispute resolution. Both parties will bear equally the cost of dispute resolution proceedings (exclusive of their own legal fees and expenses). All decisions of the mediator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

16. Updates

Antics may update this Privacy Notice from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Notice on the Website, and will obtain the necessary consents as may be required under applicable law. You are advised to consult this Privacy Notice regularly for any changes.

17. How to contact us

If you have any questions, comments, concerns, complaints or claims with respect to the Site, other users of the Site, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, or if you have any other concern, please contact us as indicated below. We will investigate and attempt to resolve the matter.

If you have any questions, please contact us:

  • By email at privacy@antics.com
  • By phone at: 650-595-4200, or
  • By mail at: Antics DMS, PO Box 1342, San Carlos, CA 94070, Attention: Privacy

Web Site Terms and Conditions

Effective Date: December 10, 2019

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, PO Box 1342, San Carlos, CA 94070. Attention: Web Site Support