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TERMS OF AGREEMENT
Please review the following policies thoroughly, as they are the terms of sale that govern your purchases at anatomynext.com. They set out your rights as a customer, with the obligations associated to your purchases, and limitations and exclusions in anatomynext.com product warranties. Your placement of an order at the anatomynext.com constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
Last updated February 22, 2016. Replaces the previous version in its entirety.
1. Acceptance of Terms.
b. You may not use the Services if you are prohibited by Law (as defined below in Section 2(d)) from receiving or using the Services. Also, unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with anatomynext.com, possess legal parental or guardian consent or are an emancipated minor. In particular, unless expressly stated in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
d. anatomynext.com may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, anatomynext.com will make a new copy of the General Terms available at https://www.anatomynext.com/terms_of_agreement.php, with any new Additional Terms made available to you from within or through the affected Service. Anatomy4Sculptors.com may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check https://www.anatomynext.com/terms_of_agreement.php to view the then-current General Terms and Addition Terms.
e. Services and Components provided by third parties are governed by separate agreements accompanying such Services and Components.
2. Use of Services and Components.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Components that you download or access from the Services.
b. Unless expressly agreed to by anatomynext.com in writing elsewhere, anatomynext.comhas no obligation to store any Components that you upload, post, email, transmit or otherwise make available through your use of the Services ("Your Content"). "User Content" means any Components uploaded by you or the other users of the Services. Anatomynext.com has no responsibility or liability for the deletion or accuracy of any Components, including Your Content, the failure to store, transmit or receive transmission of Components, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that anatomynext.com retains the right to create reasonable limits on the use of the Components, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by anatomynext.com in its sole discretion.
c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify anatomynext.com immediately. You may not use another person's Account Information. Anatomynext.com may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
d. You agree to use the Services and the Components only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data to and from the United States or other applicable countries) ("Law").
e. You agree not to access or attempt to access the Services by any means other than the interface provided by anatomynext.com or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
a. The Services and anatomynext.com Components, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, anatomynext.com and its suppliers do not grant any express or implied rights to use the Services and Components.
b. The trademarks, logos and service marks displayed on the Services (the "Marks") are the property of anatomynext.com or third parties. You are not permitted to use the Marks without the prior consent of anatomynext.com or the third party that may own the Marks. anatomynext.com and the anatomynext.com logo are trademarks of anatomynext.com Exonicus, Inc..
4. Use of anatomynext.com Components, User Content and Shared Group Content.
a. Except as expressly indicated to the contrary in any applicable Additional Terms, anatomynext.com hereby grants you a nonexclusive, freely revocable (upon notice from anatomynext.com), nontransferable, license to view, download and print anatomynext.com Components, subject to the following conditions:
i. You may access and use the anatomynext.com Components solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
ii. You may not modify or alter the anatomynext.com Components;
iii. You may not distribute or sell, rent, lease, license or otherwise make the anatomynext.com Components available to others; and
iv. You may not remove any text, copyright or other proprietary notices contained in the anatomynext.com Components.
b. Some Services involve collaboration and file-sharing services among other users or a specific group in conjunction with such collaboration and file-sharing. The User Content that you or other Users share with other Users through the Services shall be referred to as "Shared Group Content". While some Services offer functionality to limit another User's use of your Shared Group Content, such limitations are not guaranteed and it is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute. You agree that anatomynext.com has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use. Further, it is your sole responsibility to determine what limitations are placed on your use of another User's Shared Group Content, including by looking at a given Service's functionality and Additional Terms along with any additional restrictions placed by such User on your use of their Shared Group Content
e. The rights granted to you in anatomynext.com Components as specified above are not applicable to the design, layout or look and feel of the of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No anatomynext.com Components may be copied or retransmitted unless expressly permitted by anatomynext.com.
5. User Conduct.
a. You agree that you, not anatomynext.com, are entirely responsible for all of Your Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services ("Make Available"), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.
c. You acknowledge and agree that by accessing or using the Services or Components, you may be exposed to Components (including Shared Group Content) from others that you may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against anatomynext.com with respect thereto, and agree to indemnify and hold anatomynext.com, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
d. You agree not to use, or to encourage or permit others to use, the Services to: i. Make Available any Component that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. Stalk, intimidate and/or harass another;
iii. Incite others to commit violence;
v. Make Available any Component that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
vi. Make Available any Component that infringes any Intellectual Property Right or other proprietary right of any party;
viii. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Components posted on or transmitted through the Services;
ix. Use the Services or Components such that it will mislead a User into believing that they are interacting directly with anatomynext.com or any Service;
x. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
xii. Make Available any Component that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
xiii. Access or use the Services in any manner that could damage, disable, overburden or impair any anatomynext.com server or the networks connected to any anatomynext.com server;
xiv. Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any
xv. Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Components, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
xvi. Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Components, or other affiliated or linked sites, Services or Components;
xvii. Access or attempt to access any Component that you are not authorized to access or through any means not intentionally made available through the Services;
xviii. Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or
xix. Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Components, use of any Service or Components, or access to any Service or Components; or
xx. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Components.
xxi. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 6(d).
a. Anatomynext.com, in its sole discretion, may (but has no obligation to) monitor or review the Services and Components at any time. Without limiting the foregoing, anatomynext.com shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
b. Although anatomynext.com does not generally monitor User activity occurring in connection with the Services or Components, if anatomynext.com becomes aware of any possible violations by you of any provision of the Terms, anatomynext.com reserves the right to investigate such violations, and anatomynext.com may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Components or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, anatomynext.com believes that criminal activity has occurred, anatomynext.com reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, anatomynext.com is entitled to retain and/or disclose any information or Components, including Your Content or Account Information (or elements thereof), in anatomynext.com's possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of anatomynext.com, its Users or third parties, including the public at large, as anatomynext.com in its sole discretion believes to be necessary or appropriate.
7. Use of Your Content.
This section only applies to those portions of our sites, such as Art Schools and Anatomy Slides, where we intend for users to share content freely with anatomynext.com and with each other. Anatomynext.com does not claim ownership of Your Content.
You have no obligation to provide anatomynext.com with ideas, suggestions, documentations and/or proposals ("Feedback"). However, if you submit Feedback to anatomynext.com, while you retain ownership in such Feedback, you hereby grant anatomynext.com a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) anatomynext.com is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) anatomynext.com may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from anatomynext.com for the Feedback under any circumstances.
9. Right to Derive Revenue/Advertisements.
Except for Your Content subject to Section 8(b) above, you agree that anatomynext.com may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, anatomynext.com may display anatomynext.com and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by anatomynext.com on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.
10. Links to Third Party Sites.
The Services and Components may include links that will take you to other sites outside of the Services ("Linked Sites"). The Linked Sites are provided by anatomynext.com to you as a convenience and the inclusion of the links does not imply any endorsement by anatomynext.com of any Linked Site. anatomynext.com has no control of the Linked Sites and you agree that anatomynext.com is not responsible for the availability or contents of any Linked Site (including any advertising, products or other Components on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
11. Modifications to Services and Components.
anatomynext.com may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Components, or any portion thereof, with or without notice. You agree that anatomynext.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Components.
a. The Terms will continue to apply until terminated by either you or anatomynext.com as set forth below.
b. If you want to terminate your agreement with anatomynext.com, you may do so by (i) notifying anatomynext.com at any time and (ii) closing your accounts for all of the Services or Components that you use, where anatomynext.com has made this option available to you. Your notice should be sent, in writing, to anatomynext.com's address set forth below.
c. Anatomynext.com may at any time terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
i. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
ii. Anatomynext.com is required to do so by Law (for example, where the provision of the Services or Components to you is, or becomes, unlawful);
iii. The provision of the Services to you by anatomynext.com is, in anatomynext.com's opinion, no longer commercially viable;
iv. anatomynext.com has elected to discontinue the Services or Components (or any part thereof); or
v. There has been an extended period of inactivity in your account.
d. anatomynext.com may also terminate or suspend all or a portion of your account and/or access to the Services for any reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Components associated with or inside your account (or any part thereof); and (iii) barring of further use of the Services.
e. You agree that all terminations for cause shall be made in anatomynext.com's sole discretion and that anatomynext.com shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Components, including Your Content.
f. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Components. However, any perpetual licenses you have granted, any of your indemnification obligations hereunder, any of anatomynext.com's disclaimers or limitations of damages of liabilities hereunder and Sections 2, 3, 6(b-d), 7, 9-13, 14, 16, 19, 20 and 21 will survive any termination or expiration of the Terms.
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. THE SITE, SERVICES AND Components ARE PROVIDED BY anatomynext.com "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, anatomynext.com MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR Components WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR Components WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR Components WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR Components WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Anatomy4Sculptors.com OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. anatomynext.com SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF Components. ANY Component DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED 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 THE DOWNLOAD OF ANY SUCH Component. Anatomynext.com ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
c. Anatomynext.com DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY Components OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. Anatomynext.com MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR Components OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED anatomynext.com SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF anatomynext.com. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, anatomynext.com WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Anatomynext.com ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
e. Anatomynext.com WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR Components, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. International Users.
a. The Services can be accessed from countries around the world and may contain references to Services and Components that are not available in your country. These references do not imply that anatomynext.com intends to announce such Services or Components in your country.
b. These Services are controlled, operated and administered by Infinite Teach, Inc from its offices in the United States of America. Anatomynext.com makes no representation that the Services or Components are appropriate or available for use at other locations outside the United States, and access to the Services from jurisdictions where the Services or Components are illegal is prohibited. Anatomy4Sculptors.com reserves the right to block access to the Services or Components by certain international users. If you access the Services from a location outside the United States, you are responsible for compliance with all local Laws.
15. Limitation of Liability.
a. IN NO EVENT SHALL anatomynext.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF anatomynext.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR Components. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE anatomynext.com's LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF anatomynext.com OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
b. Anatomynext.com's AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF anatomynext.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 16 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
16. Notification of Copyright Infringement.
a. Anatomynext.com respects the Intellectual Property Rights of others and expects its users to do the same. Anatomynext.com will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.
b. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Services, on web sites linked to or from the Services, or in connection with the Services or Components, please provide, pursuant to the DMCA, written notification via regular mail(not via e-mail or phone) of claimed copyright infringement to anatomynext.com's Copyright Agent (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
ii. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
iii. A description of where the content that you claim is infringing is located on the Services;
iv. Information sufficient to permit anatomynext.com to contact you, such as your physical address, telephone number and e-mail address;
v. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Before you file such a notification, please carefully consider whether or not the use of copyrighted Component at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorney's' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted Component constitutes infringement, please contact an attorney.
c. If you believe access to your content was disabled or removed by anatomynext.com as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail (not via e-mail or phone) to anatomynext.com's Copyright Agent (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the subscriber;
ii. Identification of the Component that was removed from the Services and the location of the Service on which the Component appeared before it was removed;
iii. A statement under penalty of perjury that you have a good faith belief that the Component was removed or disabled as a result of mistake or misidentification of the Component to be removed or disabled;
iv. Information sufficient to permit anatomynext.com to contact you, such as your physical address, telephone number and e-mail address; and
v. A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of King County, Washington if you reside outside of the United States) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted Component at issue is infringing, as you could be liable for costs and attorneys' fees in the event that a court determines your counter-notification misrepresented that the Component was removed by mistake. If you are unsure whether use of the Component at issue constitutes infringement, please contact an attorney.
d. Anatomynext.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
4057 51st ave SW
Seattle, WA 98116
By email: firstname.lastname@example.org >
By telephone: 310-869-9952
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or on sites linked to or from the Services, or in connection with the Services or Components. All other inquiries directed to the Copyright Agent will not be responded to. Such inquiries should be made through the feedback procedure referenced in Section 9 or the report abuse procedure referenced in Section 21(h).
17. Export Control Laws.
You acknowledge and agree that products, services or technology provided by anatomynext.com are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer anatomynext.com products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18. Indemnity and Liability.
You agree to indemnify and hold anatomynext.com and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your Content, your use of the Services or Components, your connection to the Services or Components, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Components, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
19. Resolution of Disputes.
a. All matters relating to your access to, or use of, the Services or Components shall be governed by the Laws of the State of Washington, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against anatomynext.com must be resolved by a court located in King County, Washington, United States of America except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in King County, Washington, United States of America for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
b. For any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. All claims you bring against anatomynext.com must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Anatomy4Sculptors.com may recover attorneys' fees and costs up to U.S. $1,000, provided that anatomynext.com has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
d. Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Services or Components in violation of the Terms you agree that anatomynext.com shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
20. Defective Components.
a. If you discover what you believe is a product defect for any anatomynext.com - branded product, please contact Technical Support at US+310-869-9952 . If your product does have a defect, your product is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product.
a. Any notice provided to anatomynext.com pursuant to the Terms should be sent to 4057 51st ave SW, Seattle, WA 98116, Attention: General Counsel.
b. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English.
c. anatomynext.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
d. The Terms constitute the entire agreement between anatomynext.com and you with respect to your access to or use of the Services and Components and supersede any prior agreements between you and anatomynext.com on such subject matter.
e. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without anatomynext.com's written consent. Anatomynext.com's rights under the Terms are freely transferable by anatomynext.com.
f. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
g. Any failure by anatomynext.com to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
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