Terms of Service.
Effective date: January 6, 2024
We welcome you to Anabatec, LLC. doing business as Anabatec (“we”, “our”, “company”). This page explains the Terms by which you may use via this website.
1. Acceptance of the terms.
By accessing or using the Website, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and applicable to all visitors, users, and others who access the Anabatec Website and those under our direct control (“Website”).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS, OR USE THE WEBSITE IN ANY MANNER.
2. Website use.
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website for your personal, noncommercial use only and as permitted by the features of the Website.
Anabatec reserves all rights not expressly granted herein and the Anabatec Content (as defined in this Agreement).
Anabatec may terminate this license at any time for any reason or no reason.
You agree not engage in any of the following prohibited activities:
(i) Copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the Website servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. With an exception that Website grants the operators of public search engines revocable permission to use spiders to copy materials from www.anabatec.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
(iv) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(v) Uploading invalid data, viruses, worms, or other software agents through the Website;
(vi) Collecting or harvesting any personally identifiable information, including account names, from the Website;
(vii) Using the Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
(ix) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) Interfering with the proper working of the Website;
(xi) Accessing any content on the Website through any technology or means other than those provided or authorized by the Website;
(xii) Bypassing the measures, we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
We may, without prior notice, change the Website; stop providing access to the Website or features of the Website, to you or to users generally; or create usage limits for the Website.
We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason.
Upon termination for any reason or no reason, you continue to be bound by these Terms.
2. Your content.
In these Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to upload or display on this Website. With respect to Your Content, by displaying it, you grant Anabatec an non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights, the Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
3. Intellectual property rights.
Except for your User Content, the Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, audio, videos, music, photos and User Content belonging to other Users (the “Anabatec Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Anabatec and its licensors (including other Users who post User Content to the Website).
Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Anabatec Content. Use of the Anabatec Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments, feedback or ideas about the website, including without limitation about how to improve the website or our services (“Ideas”). By the submission of any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the company does not waive any rights to use similar or related ideas previously known to company, or developed by its employees, or obtained from sources other than you.
4. No warranty.
This Website provided on an “as is” and “as available” basis. Use of the Website is at your own risk. To the maximum extent permitted by applicable law, the Website is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Anabatec, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct. That the Website will meet your requirements. That the Website will be available at any particular time or location, uninterrupted or secure. That any defects or errors will be corrected, or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damages to your computer system, mobile device, other hardware, or loss of data that may results from such a download or your use of the Website.
5. Limitation of liability.
In no event shall the company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
6. Indemnification.
You hereby indemnify to the fullest extent Anabatec from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
7. DMCA notice.
We respect content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify us as set forth in this Agreement.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
(ii) Identification of the copyrighted work that you claim has been infringed;
(iii) Identification of the material that is claimed to be infringing and where it is located on the Website;
(iv) Information reasonably sufficient to permit Anabatec to contact you, such as your address, telephone number, and e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Under Federal Law, if you knowingly misrepresent those online materials are infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorney’s fees.
Please note that this procedure is exclusively for notifying Anabatec that your copyrighted material has been infringed. The preceding requirements are intended to comply with Anabatec’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Anabatec may at its sole discretion limit access to the Website and/or terminate the accounts of any Users who infringe.
8. Amendments to the Terms of Service.
We may change the Terms from time to time, at its sole discretion and without any notice.
All changes to these Terms are effective as of the stated “Effective” date and your continued use of the Site after the Effective date will constitute acceptance of, and agreement to be bound by, those changes.
9. Assignment.
Anabatec LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required.
However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
10. Governing law.
These Terms will be governed by and construed in accordance with the laws of the State of California.
You agree to submit to the personal jurisdiction of the federal and state courts located in Orange County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
11. How to contact us.
For any inquiries, please contact us at hello@anabatec.com.