Terms of service
Your use of the Anywr Service is subject to our Terms and Conditions. Please note that while our terms and conditions may change from time to time, you will always find the most recent version here.
- The Anywr Service is designed to provide you with a unique and fun way to view and share content, organize events and synchronize your address book and calendar. With the Anywr Service, you can easily create share what you are doing and also follow what your friends are up to.
- We respect the rights of others and ask you to do the same. Do not post any content to the Anywr Service unless you have the right to do so. Do not post content that could offend the privacy rights of any person, or that is illegal, harmful or offensive.
- Please help us keep the Anywr Service clean. We ask that you do not post any offensive, indecent or illegal content on the Service. Please contact us at help@anywr.com if you become aware of any such content.
- Your privacy is important to us and we take great care to protect it. We do not sell or rent your personally identifying information to any third party. Please see our Privacy Policy for details.
- You must be at least 13 years of age to sign-up for the Anywr Service. If you are a parent or guardian and have questions, please contact us at help@anywr.com.
- You are responsible for any misuse of your account.
- We may terminate your use of the Service, and any content stored on the Service, at any time.
- You are responsible for all content that you post on the Service. We make no guarantees concerning the Service.
PLEASE READ CAREFULLY.
THESE TERMS AND CONDITIONS ("THE AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND ANYWR LTD. ("ANYWR", "WE" OR "OUR"). BY CLICKING ON THE "I ACCEPT" BUTTON OR OTHERWISE DOWNLOADING OR ACCESSING THE ANYWR WEBSITE, SERVICES, SOFTWARE OR MATERIALS (COLLECTIVELY THE "SERVICE"), YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
DESCRIPTION AND USE OF SERVICE
Users of the Service ("Users") can access, share and manage Materials that Anywr makes available on the Service, as well as images, messages and other content that you and other Users supply (collectively "User Supplied Content"). Users may create their profiles, mini-blogs, events and calendars for sharing with others. Anywr may include in your profiles third party advertisements that appear when the Users access the Anywr. You hereby consent to the inclusion of these advertisements within your User Supplied Content, and in Materials and User Supplied Content that you access using the Service.
Usage Preferences. You may set usage preferences (e.g. private use, public use, forwarding, etc.) for the User Supplied Content that you create, just as Anywr and other Users may set their own usage preferences (collectively "Usage Preferences"). You agree to abide by (and not circumvent) all such Usage Preferences at all times for all third-party User Supplied Content and any Materials.
Usage Restrictions. You may not: (i) post any User Supplied Content that is illegal, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person (including any minor) or entity; (ii) sell, rent, lease, or otherwise assign any rights to any Materials or Service to any third party; (iii) remove any proprietary notices or labels on the Materials or Service; (iv) use the Materials or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any content protected by the copyright laws of any jurisdiction; (v) use the Materials or Service for any commercial or illegal purpose or to harm minors in any way; (vi) use the Materials or Service to invade the privacy of, or obtain personal information about, any User, or to obtain a list of Users, or to access or use any User's User Supplied Content in a manner not specifically authorized by such User; (vii) copy, modify, erase or damage any Materials or information contained on any Anywr, or third party, servers; (viii) use the Materials or Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libellous, defamatory, abusive, tortuous, threatening, harmful or otherwise objectionable; (ix) use the Materials or Service to post or transmit any unsolicited advertising, campaigning or promotional materials or to send any Materials from an anonymous or false address; (x) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by Anywr (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution); (xi) distribute any software viruses or other computer code designed to interfere with the functionality of the Service or any computer systems, software or hardware; (xii) use any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with the Materials Service; (xiii) mislead other Users or third parties as to your identity or to the origin of a message or content.
Availability. Anywr will use commercially reasonable efforts to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of software, telecommunications links and equipment that are beyond the control of Anywr. We will take commercially reasonable steps to minimize such disruption where it is within our reasonable control. Anywr does not guarantee that you will always be able to access or recover your User Supplied Content, and it is your responsibility to create appropriate back-up copies of such content on your own system. You agree that Anywr shall not be liable to you for any loss of Materials, User Supplied Content, or any modification, suspension or discontinuance of the Service.
Notices. Anywr may provide you with any notices under this Agreement by means of a posting on the Website, by e-mail, and/or by sending you a message on the Service.
User Age. You must be at least 13 years of age to sign-up for the Anywr Service. Parents and guardians of Users under the age of 18 hereby agree to the terms of this Agreement on behalf of their minor User, and will be responsible for their minor User's use of the Service and any violation of this Agreement.
Sharing Content and Messages. Certain portions of the Service allow Users to upload and share User Supplied Content with each other and with other third parties. You will be responsible for establishing the Usage Preferences with respect to all User Supplied Content that you place on the Service, and Anywr will use its commercially reasonable efforts to accommodate such Usage Preferences. However, Anywr does not guarantee that any such Usage Preferences will always be applied, or that your User Supplied Content will be kept secure. Anywr takes no responsibility and assumes no liability for any User Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Supplied Content that you upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.
When posting, uploading or otherwise communicating any User Supplied Content through the Service, you hereby represent and warrant, now and in the future, that: (i) you own or otherwise control all necessary rights to so use the User Supplied Content, and your grant of the above license in the User Supplied Content, and its use in connection with the Service, does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy; (ii) your User Supplied Content is not illegal, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person (including any minor) or entity; (iii) your User Supplied Content contains no viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content which may compromise the Service; (iv) your User Supplied Content does not advocate illegal activity; and (v) your User Supplied Content does not link to any prohibited content or activity. You hereby agree to indemnify and hold harmless Anywr, its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors (collectively the "Anywr Affiliates") from any and all claims resulting from any User Supplied Content that you supply. Anywr neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized Anywr employees acting in their official capacities.
In addition to the above, you acknowledge and agree that Anywr may access, review, store, reproduce and/or disclose, as applicable, any User Supplied Content if required to do so, or if Anywr has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that such User Supplied Content (or your use of the same) violates any third party's rights, or to protect the rights, property or personal safety of Anywr, its business partners, affiliates, licensors and/or licensees, any other User, or the general public.
REGISTRATION
During the registration processes to use the Service, you may be requested to provide certain information (e.g. your age, gender, zip code, name, e-mail address, telephone number, country or territory of residence), and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being the "Personal Information"). If you open an account, and any of your Personal Information changes (e.g., new credit card number, expiration date, new address or email address, new phone number, etc.), you must update that information in your Service account. Anywr will use your Personal Information in accordance with its then-current privacy policy. Please review this privacy policy before you complete the purchase or registration process or attempt to use or access the Service. You agree that you will not allow others to use your User name, password (to the extent a password is required to access the Service) and/or account. You agree to indemnify and hold Anywr and the Anywr Affiliates, harmless for any improper, unauthorized or illegal uses of your User name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or account.
OBJECTIONABLE OR EXPLICIT CONTENT
Anywr has the right, but not the obligation, to monitor, modify and/or remove any Materials and/or User Supplied Content in the Service. Anywr may monitor, modify and remove any Materials and/or User Supplied Content in its sole discretion. Anywr is not responsible to you for any content or materials constituting all or part of any Materials, any User Supplied Content, or any other aspect of the Service that you might find objectionable. By viewing the Service, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure.
PRIVACY
For additional information regarding Anywr's use of information collected in connection with the Service, please refer to Anywr's Privacy Policy, a copy of which is available at the end of this document, and which is hereby incorporated by reference.
CHARGES AND PAYMENT
Anywr currently makes its basic Service available free of charge. However, Anywr reserves the right to charge for its Service at any time. The price of any Service will be the price specified at the time of purchase.
CHANGES TO THE AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon posting. Please review the terms and conditions periodically. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to cancel your Anywr subscription and/or account and to cease using the Service. You will be deemed to have accepted the Agreement as amended thirty days after the amended agreement is posted if you continue to use the Service. All other terms of this Agreement will continue in effect.
INTELLECTUAL PROPERTY OF OTHERS
We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Site of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.
PROMOTIONS AND ADVERTISING
Anywr and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Anywr promotional event is subject to the terms and conditions associated with that event.
THE WEBSITE AND LINKS TO THIRD PARTY SITES
The Website means this web site, as accessed by any of the following domain names: www.anywr.com, and any web site owned or controlled by Anywr (except as otherwise provided on such other site). However, the Website does not refer to any other web site linked to or from the Website, or to any third party site on which the Service may appear. The Service may present links to other third-party websites not owned or operated by Anywr. Neither Anywr nor its business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither Anywr nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site or from any such advertiser. You should direct any concerns regarding these third-party sites to those sites' administrators.
MODIFICATIONS TO SERVICE AND MATERIALS
Anywr may, without liability or obligation, in its sole discretion and at any time: (i) make modifications to, or discontinue, any Materials and/or the Service, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement). You agree that neither Anywr nor the Anywr Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
DISCLAIMERS
You understand and agree that your use of the Service and the Materials is at your own sole risk. Anywr is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Service or Materials. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Materials rests with you. THE SERVICE AND THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTY BY ANYWR AND THE ANYWR AFFILIATES, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ANYWR AND THE ANYWR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. ANYWR AND THE ANYWR AFFILIATES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD ANYWR AND/OR THE ANYWR AFFILIATES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE MATERIALS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANYWR AND/OR THE ANYWR AFFILIATES.
UNDER NO CIRCUMSTANCES SHALL ANYWR AND/OR THE ANYWR AFFILIATES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANYWR AND/OR THE ANYWR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ANYWR AND/OR THE ANYWR AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, ANYWR AND/OR THE ANYWR AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE. Notwithstanding the foregoing, in no event shall Anywr's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Service.
CLAIMS AND ARBITRATION
Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement, the Service, your use of the Service or Materials (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Anywr, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of Anywr with respect to the Service, or your (or any third party's) misuse of the Service, and that, in the event of any such breach of alleged breach, Anywr will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law. The arbitration shall be conducted under the UK law.