Last Updated August 30, 2013
ANSA reserves the right to change the Terms at any time and for any reason. If ANSA makes changes to these Terms, it will notify you of these changes, including, without, limitation, by emailing or otherwise sending you a notification, posting a notice on part(s) of the Services, and/or updating the “Last Updated” date above. You should visit this page periodically to keep apprised of any changes. By continuing to use ANSA after any such change, you accept and agree to the modified Terms. ANSA reserves the right to modify or discontinue, temporarily or permanently, the Services, any features, benefits (including without limitation blocking or terminating your Account), rules or conditions (of any portion thereof), all without notice, even though such changes may affect the way you use the Services. You understand, acknowledge, and agree that ANSA will not be liable to you or any third-party for any modification or discontinuance of the Services and/or any portion thereof.
Without limitation, you agree to refrain from the following actions while using the Services and/or any portion thereof:
1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Services and/or any portion thereof;
2. Transmitting any information, data, text, files, links, software, messages, or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
3. Sending a message containing inappropriate advertising or solicitations on the Services and/or any portion thereof;
4. (a) Sending a message containing adult content or explicit adult material unless: (i) such material is permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
(b) Sending a message containing obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in our sole discretion;
(c) Sending a message containing any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
(d) Sending a message containing any material that exploits minors in any way, including, without limitation, any material that constitutes or could be considered child pornography;
(e) Sending a message containing any material that in any way constitutes or assists in human trafficking;
5. Sending a message containing any advertisement for products or services, the use or sale of which is prohibited by any law or other applicable regulation;
6. Sending a message containing solicitations for any other product or service to a user of the Services and/or any portion thereof unless the user has granted permission or otherwise allowed contact for solicitation;
7. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information, trade secrets, or intellectual property rights of others;
8. Using any automated device, spider, robot, crawler, data mining tool, software, or routine to access, copy, or download any part of the Services, unless expressly permitted by ANSA;
9. Taking any action creating a disproportionately large usage load on the Services and/or any portion thereof, unless expressly permitted by ANSA;
10. Sending messages or engaging in disruptive or damaging activities while using the Services, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
11. Gaining or attempting to gain unauthorized access to non-public areas of the Services and/or of any portion thereof;
12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Services; modifying any meta data, copying. or duplicating in any manner any of the content; framing of or linking to any of the Services, its content or information available from the Services without the express written consent of agents of ANSA; using any dating mining or extraction; interfering with or inhibiting any portion of the Services, including any other user’s use of any part of the Services.
13. Sending a message containing material that discriminates on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
14. Sending a message containing material that violates or depicts violations of provisions of the Immigration and Nationality Act or which violate any law or regulation;
15. Using the Services and/or any portion thereof to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative, or illegal activity;
16. Acting in any way that violates the Confidentiality section contained herein.
Please report any violations of these Terms to: [email protected].
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Services.
ANSA may, in its sole discretion, refuse to offer the Services (and/or any portion thereof) to any person or entity. You hereby affirm, represent, and warrant that you: (1) are at least eighteen (18) years of age; (2) are legally entitled, permitted, and able to freely consent to enter into the terms, conditions, obligations, affirmations, representations, covenants, provisions, and warranties set forth in these Terms; and (3) will abide by and comply with these Terms.
You further agree to abide by and comply with the iTunes App Store Terms of Service, including, without limitation, by not posting ANSA usernames or account information in iTunes App Store reviews or other reviews. Any failure to abide by or comply with any part of the Terms and/or the iTunes App Store Terms of Service may result in the suspension or termination of your use of the Services, deletion of your ANSA account, and may subject you to civil or criminal liability.
ANSA has the right terminate or suspend your access to the Services and/or any portion thereof, indefinitely or for a specific period of time, for any reason, including, without limitation, if ANSA believes you have violated these Terms in any manner. You further understand, acknowledge, and agree that the determination of whether to terminate or suspend your access to the Services and/or any portion thereof is within the sole right and discretion of ANSA. You understand and acknowledge that all decisions of ANSA whether to terminate or suspend your access to the Services and/or any portion thereof may not be appealed or challenged, including, without limitation, in a court of competent jurisdiction, and you hereby waive any right that you may have to do so. You agree not to hold ANSA liable for such termination, and further agree not to attempt to use the Services after termination (in the case of termination) or until after your period of suspension (in the case of suspension).
You agree that, except as otherwise provided in these Terms, there shall be no third party beneficiaries to these Terms. Intellectual Property:
All materials on the Services, including without limitation, logos, images, text, illustrations, audio and video files, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement are protected by copyrights, trademarks, service marks, trade dress, and/or other proprietary rights which are either owned by or licensed to the ANSA or owned by other parties who have used and posted on the Services. Materials from the Services and from any other web site owned, operated, controlled, or licensed by ANSA may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Except as expressly stated otherwise, ANSA does not grant any express or implied rights or license for you to use these proprietary materials. By agreeing to these Terms, you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or otherwise infringe any intellectual property rights of ANSA (and/or that of its or its affiliates, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, or partners), or participate in any attempts to do the same.
If you believe that a message sent by any user has been copied in a way that constitutes copyright infringement, please provide the following information to ANSA:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Services;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached as follows:
ANSA DMCA Agent
980 Green Street, Suite 3
San Francisco, California 94133
Email: [email protected] (Please put “Copyright Infringement” in the subject line)
The Services may, under appropriate circumstances and at ANSA’s sole right and discretion, disable and/or terminate the accounts of users who may be repeat infringers.
You understand that each time you send an message while using the Services or otherwise use the Services, you agree to these Terms. By agreeing to these Terms, you acknowledge that ANSA may send you e-mail messages telling you about products and other services offered by ANSA (or its affiliates and partners). You understand and agree that such communications are part and parcel of your registration for and use of the Services and/or any portion thereof; if you do not wish to receive further communications from the Services (or its affiliates and partners), you must cancel your registration by sending a cancellation notice to [email protected]. You may not otherwise opt out of receiving communications regarding your dealings with ANSA or the Services or technical information about the Services and/or any portion thereof. Please note that such requests may take up to ten (10) days to become effective.
ANSA has no control over and is not responsible for the content of or claims made by websites, hyperlinks, or other services that may be linked to or from the Services (and/or any portion thereof), whether or not they may be affiliated with ANSA. Any websites linked to or from the Services are for the user’s convenience only, and you access them at your own risk.
ANSA is committed to maintaining the confidentiality of user messaging and interactions while using the Services. By using the Services in any way, you understand, acknowledge, and agree to be bound by mutual non-disclosure condition as between and each and every user with whom you interact while using the Services, including, without limitation, all users with whom you send and/or receive messages. You further understand, acknowledge, and agree that you and/or any user with whom you are interacting may designate certain information or material as confidential, for example, and without limitation, by selecting the option within the user interface to set the conversation to “off-the-record,” or by designating, within the user interface, that the message is “self-destructing” with set time for which the message will expire (collectively, “Confidential Messages”). You hereby understand, acknowledge, agree, and covenant that, should you receive a Confidential Message, you will hold and maintain any such Conﬁdential Message in strictest conﬁdence. Unless the user sending the message provides written permission to the contrary, you further understand, acknowledge, agree, and covenant that, should you receive a Confidential Message, you will take all reasonably necessary measures to restrict access to the contents of any Conﬁdential Message to you receive, including, without limitation, that you will refrain from: taking (or attempting to take) any screenshots or otherwise coping the Confidential Message; displaying the Confidential Message publically or to any third party; re-sending (or attempting to re-send) the Confidential Message and/or its contents to other users; altering (or attempting to alter) meta data, coding, or other portions of the Services for the purposes of further disseminating the Confidential Message; and/or any other means designed to, intended to, and/or with the effect of disseminating the Confidential Message or to permit other to use the Confidential Message. To the extent that you discover that you have any Confidential Message(s) in your possession, you hereby agree to delete all said Confidential Message(s) in you possession upon the request of any user that sent said Confidential Message(s).
Pursuant to the terms and conditions contained in these Terms, you understand, acknowledge, and agree that ANSA may discipline you for any violation of this Confidentiality provision, including, without limitation, by terminating or suspending your access to the Services (and/or any portion thereof) and/or taking civil or criminal legal action against you.
If you believe that confidentiality of any Confidential Message has been compromised, please notify ANSA immediately by emailing [email protected].
After opening an account with ANSA for the Services (i.e. creating and registering a username and password), you accept all responsibility for any activity that occurs while logged into your account--regardless of whether you or any other person is actually the one using your account. You understand, acknowledge, and agree that alone are responsible for making sure that your account information including your username and password is kept secure and safe. If you believe that your ANSA account has been compromised, please notify ANSA immediately by emailing [email protected].
ANSA assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Services (and/or any portion thereof). In addition, ANSA does not endorse any opinions or recommendations posted by others. Any information sent through the Services (and/or any portion thereof) is the responsibility of the person or persons sending the message. Any user who violates the Terms may be permanently banned from using the Services (and/or any portion thereof). You understand that all messages, advertisements, photos, sounds, images, text, files, video, or other materials (collectively “Content”) transmitted through or linked from the Services, are solely the responsibility of the user from whom such Content originated. You understand that ANSA does not control, and is not responsible for Content available on the Services and/or any portion thereof. You agree that ANSA does not pre-screen, monitor or approve any Content, but that the Services and/or any portion thereof shall have the right, but not the obligation to remove, move, refuse, edit or delete any Content for any reason whatsoever, including, without limitation, that the Content is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances. ANSA shall not be responsible for any interaction between you and the other users of the Services. Your dealings with others through the Services are solely between you and such other parties. Under no circumstances will ANSA be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. ANSA reserves the right to discipline its users by any means available to it for inappropriate use, including, without limitation, for sending messages that are unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances. ANSA further reserves the right to discipline its users by any means available for violations of Confidentiality provisions contained herein, including, without limitation, by erminating or suspending your access to the Services (and/or any portion thereof) and/or taking civil or criminal legal action against you. You understand, acknowledge, and agree that your use of the Services (and/or any portion thereof) may expose you to the civil or criminal liability and that ANSA reserves to take legal action to the fullest extent of the law for any violation of these Terms and/or any violation of state or federal law. ANSA is under no obligation, however, to become involved in any conflicts or disagreements between you and other users of the Services and/or any portion thereof or between you and any other third parties.
In the event that you are involved a legal dispute (including, without limitation, threatening, being threatened, or engaged in litigation) with any user of the Services, you understand, acknowledge, and agree that ANSA is under no obligation to become involved. You agree to release ANSA from any and all claims, demands, and damages arising out of or in connection with such dispute. You further agree to defend, hold harmless, and indemnify ANSA for any claims (or alleged claims), allegations, or causes of actions against ANSA relating or arising out any dispute you may have with any user of the Services and/or any portion thereof.
You are entirely responsible and liable for any Content you send or that is sent through your Account.
YOU HEREBY CONSENT TO, WAIVE, RELEASE, AND AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY ANSA, its vendors, subcontractors, licensors, and licensees, from and against any and all claims and causes of action which you may have now or may have later, or any of your heirs, executors, administrators, personal representatives, assigns or successors may have at any time in the future, including, without limitation, claims (or alleged claims), assertions, allegations, or causes of actions for infringement of rights of publicity or misappropriation, false light, trespass to person or property, breach of any alleged contract (whether the alleged contract is verbal or in writing), allegedly unfair or deceptive business or trades practices, copyright or trademark infringement, violations of Section 43(a) of the Lanham Act, tortious interference with any contractual relations, intentional or negligent interference with prospective economic advantage, invasion of privacy, defamation, personal injury (including, without limitation, intentional and negligent infliction of emotional distress), death, property damage or destruction or any other claims (or alleged claims), assertions, allegations, or causes of actions arising out your use of the Services and/or any portion thereof.
ANSA does not offer any credits or refunds, under any circumstance, in connection with your use of the Services or any portion thereof.
You acknowledge, consent and agree that ANSA may access, preserve and disclose your account information and Content you upload, send, or otherwise make available on the Services if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Services and/or any portion thereof, its users and the public.
You acknowledge, consent and agree that any messages (and the contents contained therein) that are not designated as “off the record” or otherwise designated as a Confidential Message will be stored on ANSA’s servers and on user devices. You further acknowledge, consent and agree that any message (and the contents contained therein) that are not designated as “off the record” or otherwise designated as a Confidential Message will until the sooner of the message expiration time or manually deletion by both users.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES (AND/OR ANY PORTION THEREOF) IS AT YOUR OWN RISK. ANSA SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SERVICES (AND/OR ANY PORTION THEREOF). ANSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANSA MAKES NO WARRANTY THE SERVICES AND/OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The messages available to you on the Services and/or any portion thereof may contain errors and are subject to periods of interruption. While ANSA does its best to maintain the information, services and products it offers on the Services and/or any portion thereof, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Services.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL ANSA OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THE SERVICES OR ANY PORTION THEREOF, (ii) ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SERVICES OR ANY PORTION THEREOF, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SERVICES OR ANY PORTION THEREOF, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SERVICES AND/OR ANY PORTION THEREOF, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SERVICES OR PARTICIPATION IN ANY OF THE SERVICES’ ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICES.
If, regardless of these Terms (including, without limitation, this Limitation of Liability section), ANSA is found liable to you for any damage, including, without limitation, any damage arising from or in connection with the Services, ANSA’s liability shall, under no circumstances and in no event, exceed $1.00. The foregoing limitation may not apply to you in jurisdictions that do not provide for limitations of liability.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Services and/or any portion thereof, shall be brought only the United States District Court for the Northern District of California (specifically, the division located in San Francisco, California), and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services and/or any portion thereof or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Services are located and hosted within the United States and are intended for and directed to users in the United States. If you use or access the Services internationally, in a jurisdiction where the laws or regulations differ from United States laws, including, without limitation, those laws and regulations relating to privacy, data collection and use, and disclosure, you hereby understand, acknowledge, and agree that your use of the Services is governed by United States law. You further consent to jurisdiction within the United States (as provided by the Jurisdiction and Choice of Law section above), and waive any right you may have to apply the laws of any other jurisdiction or nation. You hereby understand and acknowledge that, by using the Services (and/or any portion thereof), you are transferring your personal information to the United States, and you consent to that transfer.
You understand, acknowledge, and agree that standard text messaging fees and data fees may apply to your use of the Services, including, without limitation for mobile number verification when using the Services outside the United States. If you have any questions regarding your bill, contact your mobile service provider.
These Terms constitute the entire agreement between you and ANSA and govern your use of the Services, superseding any prior agreements between you and ANSA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by ANSA or the Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. Nothing contained in these Terms shall be deemed to constitute either a partnership, joint venture, or employee relationship, by you and ANSA and/or you and other user(s), for any purpose.
Please report any violations (or suspected violations) of these Terms to: [email protected].
You understand, acknowledge, and agree that if any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You further understand, acknowledge, and agree that, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. ANSA’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ANSA.