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ANONYGO TERMS OF SERVICE

Anonygo, Inc. owns and operates the website www.anonygo.com and applications downloaded from the Apple App Store. You the user (“User”), agree to the Terms of Service described below (“Terms”) which govern your access to and use of Anonygo, Inc. (“www.anonygo.com”, “we”, “us”, “our”) the mobile application, or other information provided as part of www.anonygo.com's services, (the “Services”). The Service as a whole and all worldwide rights, titles and interests in and to the Service are owned by Anonygo, Inc.

Your use of and access to the Service are governed by the following terms of service (“Terms”). By using the Service, you agree to comply with and to be bound by these Terms. We reserve the right to change these Terms at any time at our sole discretion. By using the Service after any such change, you agree to comply with and to be bound by these Terms, as changed. You are responsible for referring to the Terms of Service so that you understand our current terms and policies on an ongoing basis. Under separate cover is our Privacy Policy, found at www.anonygo.com. The terms of our Privacy Policy are incorporated into the Terms of Service found herein.

Anonygo, Inc. reserves the right at any time and for any reason to modify, suspend, interrupt or terminate operation of or access to the Service, or any portion thereof; and to modify or change the Service and the applicable terms and policies. Such modification may take place at any time, and Anonygo, Inc. may do so without notice.

You are solely responsible for your conduct and the content you provide to our Service, which includes, but is not limited to photographs; text; descriptions; and any other data provided to Anonygo, (the “Content”). Anonygo monitors and reviews the Content on our Service. Anonygo reserves the right to remove any Content if we believe that it violates any Terms of Use or applicable laws at any time. If content is flagged by a User for violating any of the terms as described in the Community Use Policy, or is found objectionable by another user, referred to below, Anonygo will remove such flagged posts from the feed and review such post. Anonygo, Inc. does not guarantee, however, that every flagged post, once reviewed will be removed from the site, if Anonygo determines that the post does not violate the Anonygo Community Use Policy.

Anonygo, Inc. provides an anonymous forum for our Users to share and express their thoughts and ideas via pictures and accompanying text. We require that our Users comply with our Terms of Service and respect the Anonygo community and its Community Use Policy. However, it is impossible for Anonygo, Inc. to prohibit Content that may be considered offensive or inappropriate to some. Therefore, agreeing to the Terms of Service does not ensure that there will not be Content that is unsuitable or unacceptable to be viewed by all Users. Use of Anonygo's Services are at your own risk.

You acknowledge and agree that transmissions over the internet can never be completely secure and you understand that any message and/or information that you transmit to us might be intercepted and read even if we take measures to prevent such interception. You expressly agree that Anonygo, Inc. may preserve any transmittal or communication by you through the Service, or any service offered through the Service, and may disclose that information if legally required to do so or if Anonygo, Inc., determines that the disclosure is reasonably necessary to enforce these Terms or to protect any rights hereunder or to respond to claims of wrongdoing by others.

Anonygo Inc.'s Community Use Policy, below, as is incorporated into our Terms of Use herein, provide important information regarding permissible user content with respect to the Service. While Anonygo, Inc. cannot guarantee users will not encounter objectionable Content on the Service, the Community Use Policy and adherence thereto are a critical part of providing a fun, useful, inspiring and creative environment on the Service that all users can enjoy. Accordingly, you must observe the Community Use Policy as it may be updated from time to time by Anonygo, Inc. at our sole discretion.

COMMUNITY USE POLICY

  • You must be at least Seventeen (17) years old to use Anonygo.

  • You agree not to (1) use any data mining, robots, or similar data gathering and extraction methods in connection with the Service; (2) interfere with the operation of the Service or with any other person’s use of the Service; (3) impose an unreasonable burden on the Service, or impair the servers or networks or transmit directly or indirectly any unsolicited bulk communications to the Service or network; (4) breach, or attempt to breach, the security of the Service; (5) gain unauthorized access to the Service or any part thereof; (6) use the Service for any purpose that is beyond the scope of the Service’s expected use, illegal or prohibited by these Terms; (7) to solicit any activity, unlawful or otherwise, that infringes Anonygo Inc.’s rights or the rights of any other party; and (8) use the Service to transmit: spam, junk email, bulk email, promotions, or other solicitations, content that includes any advertising or marketing materials;

  • You may not use the Service to transmit content that is hateful, vengeful, insulting or inciting to others or that would abuse, harass, threaten, impersonate, intimidate, bully, stalk or otherwise intimidate Anonygo's users.

  • You may not post content which includes the names of private individuals (this includes but is not limited to personal information such as e-mail addresses, phone numbers or any other means by which to depict any private individual); nor can users post content that contains nudity, sexual acts, graphic or explicit descriptions of sexual acts, or any photos that may contain or represent a minor in any sexual nature.

  • Anonygo may not be used for any criminal purpose, nor for any purpose in order to incite others to commit any criminal acts.

  • You may not use the Service to invade another's privacy, or to engage in any tortious conduct that would give rise to civil liability. This includes, but is not limited to defamatory, libelous, deceptive or fraudulent conduct. No posts may include any content that is deemed to be threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.

YOUR RIGHTS AS AN ANONYGO USER

As an Anonygo user, you may submit content to the Service, which includes posts containing photos taken only via the Anonygo application and accompanying text (“User Content”). You understand that Anonygo is a geo-based communication channel and thus, in order to use the application you must enable location services on your mobile device in order to post Content on Anonygo. Additionally, you understand that Content posted on Anonygo by you, will always contain the geographical information from where you posted the Content.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to Anonygo all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.

You retain all of your ownership rights in your Anonygo Content. However, by submitting User Content to Anonygo, you hereby grant Anonygo a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Anonygo’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in user posts and text you submit are perpetual and irrevocable.

You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Anonygo all of the license rights granted herein.

You further agree that you will not submit to the Service any User Content or other material that is contrary to the (Anonygo Community Use Policy), currently found at (www.anonygo.com).

Anonygo may, within its sole discretion and at any time without prior notice to the User, terminate a user’s access to the Service for submitting Content which Anonygo determines violates any items contained within its Terms of Service and its Community Use Policy.

Anonygo does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Anonygo expressly disclaims any and all liability in connection with User Content. Anonygo does not allow copyright infringing activities and infringement of intellectual property rights on the Service, and Anonygo will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Anonygo reserves the right to remove User Content without prior notice.

INTELLECTUAL PROPERTY/COPYRIGHT POLICY

Unless otherwise stated, all Anonygo, Inc.'s materials on the Service, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Service, as well as their selection and arrangement and “look and feel” (collectively, the “Anonygo, Inc. Content”) are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the Anonygo, Inc.'s Content may violate such laws and these Terms. Except as expressly provided herein, Anonygo does not grant any express or implied rights to use the Anonygo Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on the Anonygo Content or their selection and arrangement on the Service, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Anonygo Content, the Service or any related software, except as expressly authorized herein.

“Anonygo” and other Anonygo graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Our trademarks and trade dress, as well as third party trademarks, logos and service marks contained on the Service, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Anonygo, Inc.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Anonygo, Inc. its officers, members, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to your use of the Service.

SERVICES ARE AVAILABLE “AS-IS”

You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The Service and Content are provided “as is” and “as available” without warranty of any kind. We disclaim all warranties and conditions with respect to the Service, either express, implied or statutory, including, but not limited to the implied warranties and/or conditions and we do not warrant against interference with your enjoyment of the Service, that the functions contained in or Services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the service will be corrected, or that the service will be compatible or work with any third party software, applications or third party services. All information on the Service is subject to change without notice.

LIMITATIONS OF LIABILITY

Except where prohibited by law, in no event will Anonygo, Inc. or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from: (1) the use of, or inability to use, the Service; (2) the performance of the services and materials available from the Service; or (3) the conduct of other users of the Service, even if Anonygo, Inc. has been advised of the possibility of such damages. You assume total responsibility for your use of the Service. Your only remedy against Anonygo, Inc. for dissatisfaction with the Service or any Anonygo, Inc. Content is to stop using the Service. If, notwithstanding these Terms, Anonygo is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any Anonygo Content, Anonygo’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

CONTROLLING LAW AND SEVERABILITY

This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New Jersey, County of Bergen and/or the United States District Court for the District of New Jersey. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.

Anonygo, Inc. administers and operates the Service from its location in the State of New Jersey, USA. Not all services or features provided or offered on the Service are available to all persons or in all geographic locations. Anonygo reserves the right to limit, in its sole discretion, the provision and quantity of any service or feature to any person or geographic area. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and any offer for any feature or service made on the Service is void where prohibited. The failure of Anonygo, Inc. to enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. You may not use the Service or export the Anonygo Content in violation of U.S. export laws and regulations. If you access the Service from a location outside the United States, you are solely responsible for complying with applicable local laws.

TERMINATION

These Terms are effective unless and until terminated by Anonygo. Anonygo may terminate these Terms at any time and may do so immediately without notice and, accordingly, deny you access to the Service, in Anonygo’s sole discretion. The terms relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Controlling Law and Severability shall survive termination. You also agree that any breach or violation by you of any of these Terms will cause Anonygo irreparable damage, for which monetary damages would be inadequate, and you consent to Anonygo obtaining injunctive or equitable relief, without being required to post a bond, if Anonygo seeks such relief under the circumstances. Such injunctive or equitable would be in addition to any other remedies that Anonygo might have at law.

COMPLETE AGREEMENT

These Terms, together with the License Agreement, constitute the entire agreement between you and us and supersede all prior or contemporaneous understandings regarding the same. No amendment to or modification of these Terms will be binding unless in writing and signed by us.

QUESTIONS AND COMMENTS

We welcome your questions, comments and concerns. Please send any feedback to info@anonygo.com