Terms and Conditions of Use
1. ACCEPTANCE OF TERMS
AniOman.com ("the Site") is a service of AniOman, LLC ("AniOman"). The Site provides users with access to a collection of online resources including, but not limited to, art galleries, message boards, personalized content managers, artist profile pages, and internet sales ("the Service"). By using the Service, you agree to be bound by the following terms and conditions ("the Terms"). Any new features that supplement or enhance the current Services, unless explicitly stated otherwise, shall be subject to the Terms.2. MODIFICATIONS TO THIS AGREEMENT
AniOman reserve the right, at our sole discretion, to modify these Terms from time to time and without notice. Such modifications shall become effective immediately upon posting the modified Terms on the Site. It is therefore important that you review these Terms on a regular basis so that you will be aware of any and all changes.3. PROPRIETARY RIGHTS
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, information, data, text, screen names, links, software, images, photographs, graphics, messages and other materials ("Content"). You may not copy, modify, translate, transmit, publish, display or create derivative works from, in whole or in part, any of the Content appearing on or through the Service for which you are not the copyright holder.AniOman does not claim ownership of Content uploaded, posted, displayed, published, transmitted, submitted or otherwise made available for inclusion on the Service ("Posted") by users of the Site. Any Content you Post will remain your own and you can remove your Content at any time by deleting the Content or by deleting your account.By Posting Content on the Site, you grant, or warrant that the owner of such material has expressly granted, AniOman the worldwide (with the right to sublicense through unlimited tiers of sublicensees), fully-paid, royalty-free, non-exclusive license to use, copy, store, transmit, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on and through the Service. This includes, but is not limited to, creating, copying, storing, transmiting, distributing, reproducing, modifying, adapting, publicly performing and publicly displaying thumbnail copies of Content Posted on the Site. This license will terminate at the time you remove or AniOman removes such Content from the Site.4. PRIVACY
Any information Posted on or through the Service is subject to our Privacy Policy.5. CONTENT
AniOman does not control the Content Posted via the Service and does not exercise any control over the people who create the Content Posted via the Service. All Content are the sole and entire responsibility of the person from whom such Content originated. Under no circumstances will AniOman be liable in any way for any Content Posted via the Service, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of, in reliance on, or in connection with, the use of any Content posted, or transmitted via the Service.AniOman does not screen Content before including it on the Site. Using the Service may introduce you to Content that you find indecent, inappropriate, objectionable or offensive. AniOman cannot guarantee that you will not be exposed to such Content and you acknowledge and agree that AniOman assumes no responsibility for the substance of any Content posted on the Site.AniOman may, but has no obligation, in its sole discretion, for any or no reason, with or without prior notice, refuse to post or remove any Content Posted on the Site. Without limiting the preceding, AniOman shall have the right (but not the obligation) to remove any Content that AniOman, in its sole discretion, finds to be in violation of the Terms or otherwise objectionable or illegal.6. LINKS
The Service may provide, or third parties may provide, links to other third-party websites or resources. AniOman has no control over such websites or resources, does not endorse such websites or resources, and does not investigate, monitor or check such websites or resources for accuracy or completeness. You access such third-party websites or resources at your own risk and you agree that AniOman is not (i) responsible for the availability, accuracy or completeness of such websites or resources; (ii) responsible or liable for any opinions expressed on such websites or resources; (iii) responsible or liable, directly or indirectly, for any damage or loss caused by, in reliance on, or in connection with the use of, any such Content, advertising, products or other materials on or available from such websites or resources; and (iv) responsible or liable, directly or indirectly, for any damage or loss caused by, in reliance on, or in connection with the use of, any such Content, goods or services available on or through any such website or resource.7. CONDUCT
You are solely responsible for your conduct and any Content you Post on or through the Service. You represent and warrant that you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in the Terms.You shall use the site for lawful purposes only. You agree that you will not use the Service to:
You acknowledge and agree that you are solely liable for any damage or loss resulting, directly or indirectly, from your engaging in unlawful or otherwise impermissible conduct.8. REGISTERED USERS
By registering as a member or user of the Service ("Registered User"), you aver that you are thirteen (13) years or older. Furthermore, you agree to be bound by the following:
You are not obligated to consent to your artwork being shown in AniOman Portals. However, by granting AniOman members the right to showcase your artwork in their AniOman Portal, you consent to your artwork being shown within an AniOman Portal on the website of their choosing.10. PROMOTIONAL SUBSCRIPTIONS
The follwing applies where AniOman offers a promotional subscription ("Promotional Subscription"):AniOman reserves the right to refuse a Promotional Subscription to anyone for any reason at any time.By registering for a Promotional Subscription with the Service, you agree to be bound by the following:
AniOman is not a Retailer. The Site is a venue for Content Posted by third parties and allows anyone to offer, sell and buy artwork, at any time, from anywhere in a fixed price format. The Site is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the seller to the buyer.AniOman enables users to exchange art. The Site is not involved in the actual transaction between users exchanging art and makes no representations with respect to such a transaction. A user who signals on the Site that he or she would like to exchange art with another user does not bind him or herself to actually exchanging art with that other user.AniOman has no control over, and does not guarantee the quality of, the artwork Posted for sale or trade. Furthermore, AniOman does not guarantee the truth, accuracy, or completeness, of any Content Posted on the site including, but not limited to, the identity of the artist, the image of the artwork, the colors portrayed in the image of the artwork, and the textual description of the artwork. Nor does AniOman guarantee the ability of sellers to sell items or the ability of buyers to pay for items, or ensure that a buyer, seller or trader will actually complete a transaction.In the event that you have a dispute with one or more users, you agree to release AniOman (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.12. SELLERS
By Posting artwork for sale on the Site, you agree to be bound by the following:You must be legally able and have the right, authority and capacity to sell the artwork you Post for sale on the Site. You agree to personally provide true, accurate, current and complete information about yourself and your artwork as prompted by the Service's member registration form and artwork posting form.Except where excused below, if you receive a sale transaction notice for artwork Posted on the Site from AniOman, PayPal, or any other entity which processes such sale transactions notices, you are obligated as the seller to complete the transaction with the buyer in a timely manner. You are obligated to sell and ship the item as described.You are excused from completing a sale transaction if: (a) the artwork listed in the sale transaction notice was not posted for sale on the Site at the time of the sale transaction, or (b)(i) your country of residence listed on the Site at the time of the sale transaction was different than the country of the Buyer's shipping address at the time of the sale transaction, and (ii) the buyer's AniOman account recorded the Buyer's country of residence to be the same as your country of residence at the time of the sale transaction. In the event you are excused from completing a sale transaction, you must refund to the buyer all monies received by you from the buyer, the buyer's agent, or a third-party intermediary such as PayPal.Without limiting any other remedies, AniOman may suspend or terminate your Registered User Account and/or Promotional Subscription if we suspect that you have engaged in fraudulent activity in connection with the Site.13. BUYERS
You must be eighteen (18) years or older to purchase an item on the Site. If you purchase an item on the Site, you are obligated to complete the transaction with the seller within seven (7) days.14. WATERMARKS
AniOman offers you the ability to insert watermarks into certain Content you Post on the Site. AniOman does not warrant that these watermarks will in any way protect your Content from unauthorized reproduction. Further, you agree that AniOman shall not be liable to you or any third party for (i) any unauthorized reproduction of Content containing, in whole or in part, a watermark inserted by AniOman, (ii) any unauthorized reproduction of Content for which AniOman failed to insert a watermark, (iii) any successful, faulty or partial insertion of a watermark into Content, or (iv) any failure to insert a watermark into Content.15. IDENTITY VERIFICATION
AniOman uses techniques to verify the accuracy of the information members provide when they register on the Site. However, user verification on the Internet is difficult and AniOman cannot and does not confirm each user's purported identity. AniOman has a user-initiated Seller Rating system to help you evaluate with whom you are dealing. Nevertheless, we also encourage Buyers and Sellers to communicate directly with each other in order to verify user identities.16. COOKIES
AniOman.com uses cookies to store password and session authentication information of logged in Registered Users. A cookie is a small data file that is sent from a Web server and stored on your computer's hard drive. If you prefer not to receive cookies, you can configure your browser to reject cookies or alert you when cookies are being sent. However, cookies are necessary for Registered Users to maintain an uninterrupted and secure log in session. If you refuse cookies, some portions of the Site may not function as intended. By logging in, you agree that AniOman may store cookies on your computer's hard drive to manage your log in session.17. DEALINGS WITH ADVERTISERS
Your business dealings with advertisers through sponsored galleries or otherwise on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AniOman is not responsible or liable for any loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings or as the result of the presence of such advertisers on the Service. Furthermore, you agree that AniOman shall not be responsible or liable for any failure of advertisers to deliver goods, services or other benefits promised through the Service.18. COMPLAINTS
If you believe that your work has been copied or Posted on the Site in a way that constitutes copyright infringement, please contact us at copyright@anioman.com, providing a description of the copyrighted work that you believe has been infringed and a description of where the material that you believe is infringing is located on the Site.19. INDEMNITY
You agree to indemnify and hold AniOman and its officers, directors, agents, employees, subsidiaries, affiliates, partners, licensors and joint ventures harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.20. MISCELLANEOUS
AniOman reserves the right at any time and from time to time, with or without notice, to modify or discontinue, temporarily or permanently, the Service (or any part thereof). AniOman shall not be liable, directly or indirectly, to you or to any third party for any modification, suspension or discontinuance of the Service.AniOman reserves the right to refuse service to anyone for any reason at any time.These Terms shall be governed in all respects by and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.Section titles are provided for convenience and therefore do not have legal or contractual effect or limit the scope or extent of such section.21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". ANIOMAN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND JOINT VENTURES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.ANIOMAN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND JOINT VENTURES MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABILE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.YOU DOWNLOAD MATERIAL OR OTHERWISE ACQUIRE MATERIAL FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR OTHER ACQUISITION OF MATERIAL FROM THE SERVICE.NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ANIOMAN OR THROUGH OR FROM THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY.SOME JURISDICTIONS DO NOT ALLOW THE DISCAIMER OF IMPLIED WARRANTIES, THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANIOMAN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND JOINT VENTURES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANIOMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR GOODWILL, ARISING OUT OF ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGE ARISES FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, SUSPENSION, MODIFICATION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.23. ENTIRE AGREEMENT
These Terms set forth the entire agreement between the you and AniOman with respect to the subject matter hereof.
AniOman.com ("the Site") is a service of AniOman, LLC ("AniOman"). The Site provides users with access to a collection of online resources including, but not limited to, art galleries, message boards, personalized content managers, artist profile pages, and internet sales ("the Service"). By using the Service, you agree to be bound by the following terms and conditions ("the Terms"). Any new features that supplement or enhance the current Services, unless explicitly stated otherwise, shall be subject to the Terms.2. MODIFICATIONS TO THIS AGREEMENT
AniOman reserve the right, at our sole discretion, to modify these Terms from time to time and without notice. Such modifications shall become effective immediately upon posting the modified Terms on the Site. It is therefore important that you review these Terms on a regular basis so that you will be aware of any and all changes.3. PROPRIETARY RIGHTS
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, information, data, text, screen names, links, software, images, photographs, graphics, messages and other materials ("Content"). You may not copy, modify, translate, transmit, publish, display or create derivative works from, in whole or in part, any of the Content appearing on or through the Service for which you are not the copyright holder.AniOman does not claim ownership of Content uploaded, posted, displayed, published, transmitted, submitted or otherwise made available for inclusion on the Service ("Posted") by users of the Site. Any Content you Post will remain your own and you can remove your Content at any time by deleting the Content or by deleting your account.By Posting Content on the Site, you grant, or warrant that the owner of such material has expressly granted, AniOman the worldwide (with the right to sublicense through unlimited tiers of sublicensees), fully-paid, royalty-free, non-exclusive license to use, copy, store, transmit, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on and through the Service. This includes, but is not limited to, creating, copying, storing, transmiting, distributing, reproducing, modifying, adapting, publicly performing and publicly displaying thumbnail copies of Content Posted on the Site. This license will terminate at the time you remove or AniOman removes such Content from the Site.4. PRIVACY
Any information Posted on or through the Service is subject to our Privacy Policy.5. CONTENT
AniOman does not control the Content Posted via the Service and does not exercise any control over the people who create the Content Posted via the Service. All Content are the sole and entire responsibility of the person from whom such Content originated. Under no circumstances will AniOman be liable in any way for any Content Posted via the Service, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of, in reliance on, or in connection with, the use of any Content posted, or transmitted via the Service.AniOman does not screen Content before including it on the Site. Using the Service may introduce you to Content that you find indecent, inappropriate, objectionable or offensive. AniOman cannot guarantee that you will not be exposed to such Content and you acknowledge and agree that AniOman assumes no responsibility for the substance of any Content posted on the Site.AniOman may, but has no obligation, in its sole discretion, for any or no reason, with or without prior notice, refuse to post or remove any Content Posted on the Site. Without limiting the preceding, AniOman shall have the right (but not the obligation) to remove any Content that AniOman, in its sole discretion, finds to be in violation of the Terms or otherwise objectionable or illegal.6. LINKS
The Service may provide, or third parties may provide, links to other third-party websites or resources. AniOman has no control over such websites or resources, does not endorse such websites or resources, and does not investigate, monitor or check such websites or resources for accuracy or completeness. You access such third-party websites or resources at your own risk and you agree that AniOman is not (i) responsible for the availability, accuracy or completeness of such websites or resources; (ii) responsible or liable for any opinions expressed on such websites or resources; (iii) responsible or liable, directly or indirectly, for any damage or loss caused by, in reliance on, or in connection with the use of, any such Content, advertising, products or other materials on or available from such websites or resources; and (iv) responsible or liable, directly or indirectly, for any damage or loss caused by, in reliance on, or in connection with the use of, any such Content, goods or services available on or through any such website or resource.7. CONDUCT
You are solely responsible for your conduct and any Content you Post on or through the Service. You represent and warrant that you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in the Terms.You shall use the site for lawful purposes only. You agree that you will not use the Service to:
a. Post on or through the Site any Content unless you are a Registered User of the Site with a Registered User Account; or
b. Post on the Site any Content protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right; or
c. Post any Content that is unlawful, threatening, harassing, defamatory, libelous, tortuous, which encourages conduct that would constitute a criminal offense, or which gives rise to civil liability or otherwise violates any law; or
d. Post any Content that is vulgar, obscene, profane, or promotes hatred or racism, or is otherwise objectionable; or
e. harm minors in any way; or
f. interfere with or disrupt the Service; or
g. manipulate the price of any item not Posted by you; or
h. circumvent or manipulate the fee structure or billing process of AniOman and/or its third-party servicers; or
i. interfere with other user's Content or transactions.
You acknowledge and agree that you are solely liable for any damage or loss resulting, directly or indirectly, from your engaging in unlawful or otherwise impermissible conduct.8. REGISTERED USERS
By registering as a member or user of the Service ("Registered User"), you aver that you are thirteen (13) years or older. Furthermore, you agree to be bound by the following:
a. You agree to create only one account ("Registered User Account") with the Service. Your Registered User Account is intended for your sole use only and you may not (i) permit, share, assign, or otherwise transfer use of your Registered User Account to other Register User(s), or (ii) use the Registered User Account(s) of any other Registered User(s).
b. You agree to personally provide true, accurate, current and complete information about yourself and your artwork as prompted by the Service's member registration form and artwork posting form. You acknowledge that if you provide any information that is untrue, inaccurate, not current or incomplete, or if AniOman, after investigation, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AniOman reserves the right to suspend or terminate your account and prohibit any and all current or future use of the Service (or any portion thereof).
c. You are required to provide an email address to the Service's member registration form as prompted. You acknowledge and agree that such email address as you provide is registered in your name, valid, and functional. Your email address will be the username for your Registered User Account.
d. You will receive a password and Registered User Account designation upon completing the Service's registration process. You are solely and fully responsible for all actions and activities that occur under your Registered User Account. You are responsible for maintaining the confidentiality of your password and you agree to immediately notify AniOman and change your password if you suspect any unauthorized use of your password or Registered User Account. You agree to exit from your Registered User Account at the end of each login session. You agree that AniOman is not liable for any loss or damage arising from your failure to comply with these Terms.
e. You acknowledge, consent and agree that AniOman may access, preserve and disclose your Registered User Account information, as well as any Content you have Posted, if required to do so by law or judicial or governmental mandate or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or respond to claims that any Content violates the rights of third parties.
f. You may terminate your Registered User Account at any time, for any reason.
g. AniOman may, at any time, for any or no reason, in AniOman's sole discretion, with or without explanation, with or without prior notice, immediately terminate your Registered User Account. Termination of your Registered User Account includes (a) removal of access to all offerings within the Service, including galleries, message boards, profile pages, and paid-for services (b) deletion of Content posted by you on or through the Site (c) deletion of files and Content associated with or inside your Registered User Account (or any part thereof), such as posted Content, saved favorites and sponsored gallery submissions (d) deletion of your username, password and all related information, and (e) barring of further use of the Service. Further, you agree that AniOman shall not be liable to you or any third party for any termination of your Registered User Account, or access to the Service.
9. ANIOMAN PORTALYou are not obligated to consent to your artwork being shown in AniOman Portals. However, by granting AniOman members the right to showcase your artwork in their AniOman Portal, you consent to your artwork being shown within an AniOman Portal on the website of their choosing.10. PROMOTIONAL SUBSCRIPTIONS
The follwing applies where AniOman offers a promotional subscription ("Promotional Subscription"):AniOman reserves the right to refuse a Promotional Subscription to anyone for any reason at any time.By registering for a Promotional Subscription with the Service, you agree to be bound by the following:
a. You agree that AniOman may, under certain circumstances, for any or no reason, with or without prior notice, immediately terminate your Promotional Subscription and access to the Service.
b. Cause for such termination shall include, but not be limited to, (a) your violation of the Terms or other incorporated agreements or guidelines, (b) your engagement in fraudulent or illegal activities, (c) requests by law enforcement or other government agencies, (d) court order, (e) a request by you to terminate your Promotional Subscription, (f) a request by you to terminate your Registered User Account (g) discontinuance of the Service (or any part thereof), (h) material modification to the Service (or any part thereof), and/or (i) technical or security issues or problems. Further, you agree that all terminations for cause shall be made in AniOman's sole discretion and that AniOman shall not be liable to you or any third party for any termination of your Promotional Subscription.
11. AniOman.com IS A VENUEAniOman is not a Retailer. The Site is a venue for Content Posted by third parties and allows anyone to offer, sell and buy artwork, at any time, from anywhere in a fixed price format. The Site is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the seller to the buyer.AniOman enables users to exchange art. The Site is not involved in the actual transaction between users exchanging art and makes no representations with respect to such a transaction. A user who signals on the Site that he or she would like to exchange art with another user does not bind him or herself to actually exchanging art with that other user.AniOman has no control over, and does not guarantee the quality of, the artwork Posted for sale or trade. Furthermore, AniOman does not guarantee the truth, accuracy, or completeness, of any Content Posted on the site including, but not limited to, the identity of the artist, the image of the artwork, the colors portrayed in the image of the artwork, and the textual description of the artwork. Nor does AniOman guarantee the ability of sellers to sell items or the ability of buyers to pay for items, or ensure that a buyer, seller or trader will actually complete a transaction.In the event that you have a dispute with one or more users, you agree to release AniOman (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.12. SELLERS
By Posting artwork for sale on the Site, you agree to be bound by the following:You must be legally able and have the right, authority and capacity to sell the artwork you Post for sale on the Site. You agree to personally provide true, accurate, current and complete information about yourself and your artwork as prompted by the Service's member registration form and artwork posting form.Except where excused below, if you receive a sale transaction notice for artwork Posted on the Site from AniOman, PayPal, or any other entity which processes such sale transactions notices, you are obligated as the seller to complete the transaction with the buyer in a timely manner. You are obligated to sell and ship the item as described.You are excused from completing a sale transaction if: (a) the artwork listed in the sale transaction notice was not posted for sale on the Site at the time of the sale transaction, or (b)(i) your country of residence listed on the Site at the time of the sale transaction was different than the country of the Buyer's shipping address at the time of the sale transaction, and (ii) the buyer's AniOman account recorded the Buyer's country of residence to be the same as your country of residence at the time of the sale transaction. In the event you are excused from completing a sale transaction, you must refund to the buyer all monies received by you from the buyer, the buyer's agent, or a third-party intermediary such as PayPal.Without limiting any other remedies, AniOman may suspend or terminate your Registered User Account and/or Promotional Subscription if we suspect that you have engaged in fraudulent activity in connection with the Site.13. BUYERS
You must be eighteen (18) years or older to purchase an item on the Site. If you purchase an item on the Site, you are obligated to complete the transaction with the seller within seven (7) days.14. WATERMARKS
AniOman offers you the ability to insert watermarks into certain Content you Post on the Site. AniOman does not warrant that these watermarks will in any way protect your Content from unauthorized reproduction. Further, you agree that AniOman shall not be liable to you or any third party for (i) any unauthorized reproduction of Content containing, in whole or in part, a watermark inserted by AniOman, (ii) any unauthorized reproduction of Content for which AniOman failed to insert a watermark, (iii) any successful, faulty or partial insertion of a watermark into Content, or (iv) any failure to insert a watermark into Content.15. IDENTITY VERIFICATION
AniOman uses techniques to verify the accuracy of the information members provide when they register on the Site. However, user verification on the Internet is difficult and AniOman cannot and does not confirm each user's purported identity. AniOman has a user-initiated Seller Rating system to help you evaluate with whom you are dealing. Nevertheless, we also encourage Buyers and Sellers to communicate directly with each other in order to verify user identities.16. COOKIES
AniOman.com uses cookies to store password and session authentication information of logged in Registered Users. A cookie is a small data file that is sent from a Web server and stored on your computer's hard drive. If you prefer not to receive cookies, you can configure your browser to reject cookies or alert you when cookies are being sent. However, cookies are necessary for Registered Users to maintain an uninterrupted and secure log in session. If you refuse cookies, some portions of the Site may not function as intended. By logging in, you agree that AniOman may store cookies on your computer's hard drive to manage your log in session.17. DEALINGS WITH ADVERTISERS
Your business dealings with advertisers through sponsored galleries or otherwise on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AniOman is not responsible or liable for any loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings or as the result of the presence of such advertisers on the Service. Furthermore, you agree that AniOman shall not be responsible or liable for any failure of advertisers to deliver goods, services or other benefits promised through the Service.18. COMPLAINTS
If you believe that your work has been copied or Posted on the Site in a way that constitutes copyright infringement, please contact us at copyright@anioman.com, providing a description of the copyrighted work that you believe has been infringed and a description of where the material that you believe is infringing is located on the Site.19. INDEMNITY
You agree to indemnify and hold AniOman and its officers, directors, agents, employees, subsidiaries, affiliates, partners, licensors and joint ventures harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.20. MISCELLANEOUS
AniOman reserves the right at any time and from time to time, with or without notice, to modify or discontinue, temporarily or permanently, the Service (or any part thereof). AniOman shall not be liable, directly or indirectly, to you or to any third party for any modification, suspension or discontinuance of the Service.AniOman reserves the right to refuse service to anyone for any reason at any time.These Terms shall be governed in all respects by and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.Section titles are provided for convenience and therefore do not have legal or contractual effect or limit the scope or extent of such section.21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". ANIOMAN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND JOINT VENTURES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.ANIOMAN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND JOINT VENTURES MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABILE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.YOU DOWNLOAD MATERIAL OR OTHERWISE ACQUIRE MATERIAL FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR OTHER ACQUISITION OF MATERIAL FROM THE SERVICE.NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ANIOMAN OR THROUGH OR FROM THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY.SOME JURISDICTIONS DO NOT ALLOW THE DISCAIMER OF IMPLIED WARRANTIES, THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANIOMAN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND JOINT VENTURES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANIOMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR GOODWILL, ARISING OUT OF ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGE ARISES FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, SUSPENSION, MODIFICATION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.23. ENTIRE AGREEMENT
These Terms set forth the entire agreement between the you and AniOman with respect to the subject matter hereof.
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