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Anomaly Digital Services User Agreement

Effective June 13 2023, Created June 13, 2023

Please take a moment to read this Anomaly Digital Services User Agreement ("Terms"), and understand how this applies to your access of our websites, apis, emails, and other products and services (collectively "Services") provided by John Bradley under the System Anomaly Brand or Anomaly Digital Services Sub-Brand ("System Anomaly", "we", "us", or "our"). By accessing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access our Services.

1. Your Access to Service

By using our Services you state that:

  • You are at least 18 years old;
  • You can form a binding contract with us;
  • You are not barred from using our Services under all applicable laws;
  • You have not been permanantly prohibited from using our Services; and
  • You agree to abide by our Code of Conduct.

If you are accepting these Terms on behalf of another legal entity, including businesses or government entitites, then you represent that you have full legal authority to bind such entities to these Terms.

2. Privacy

System Anomaly's Privacy Policy explains what, when, why, and how we collect, use, and share information about you when you access or use our Services. You understand that through your use of our Services, you consent to the collection and use of this information as set forth in the Privacy Policy.

3. Your Use of Service

So as long as you remain complaint with these Terms, we grant you a personal, non-transferrable, non-exclusive, revocable, limited license to access and use our Services. We reserve all rights not expressley granted to you by these Terms.

Except and soley to the extent such a restriction is impremissible under applicable law, you may not, without prior permission from applicable parties: license, sell, transfer, assign, distribute, host or otherwise commercially exploit the Services provided by us.

We make no promises that our Services will always be available, and reserve the right to add or remove features, products, or functionalties to our Services. We reserve the right to modify, suspend, or discontinue our Services (in whole or part) at any time, with or without notice to you. Any future release, updates, or other addition to the functionality of our Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

4. Your Account and Security

In order to use our Services, you may be required to create an account, or an account may be created for you, and in some cases an additional account may be required (your "Account(s)"). You may be asked to provide us a username, password, and certain other information about yourself set forth in the Privacy Policy.

While we will make all attempts to keep your Account(s) secure from bad actors using sound industry-standard practices, outside of specific scenarios, such as an infrastructure breach, you are soley responsible for the information associated with your Account(s) and anything that happens to your Account(s). We recommend that you use a strong password and, where possible, enable two-factor-authentication.

You will not license, sell, or transfer your Account(s) with our prior approval.

5. Your Content

Our Services may contain information, text, links, graphics, photos, videos, audio, streams or other materials ("Content"), including Content created with or submitted to our Services by you or through your Account(s) ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of Your Content.

But submitting Your Content to our Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain ownership rights you have in Your Content, but you grant use the following license to use that Content:

When Your Content is created with or submitted to our Services, you grant us a worldwide, royalty-free, perpetual, revocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. You also agree that we may remove metadata associated with Your Content, incidentally or purposefully, in order to perform the rights given to us to use Your Content in the ways mentioned in this license. You retain any claims and asserations of moral rights or attirbution with respect to Your Content.

This license ensures that we are able to distribute Your Content as intended by our Services with correct attribution if possible. At any time, you may delete your content and revoke our right to distribute it.

Any ideas, suggestions, and feedback about us and our Services that you provide to us is entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reasons, including for violation of these Terms, violating our Code of Conduct, or if you otherwise create or are likely to create liability for us.

We do not guarantee the availability of Your Content in the short term or into perpetuity, and it is your responsibility to make additional copies of Your Content for safekeeping, and you agree that we will not be held liable for any loss of Your Content submitted to our Services.

6. Third-Party Content

Our Services may contain Content which may be created, posted, or synchronised to our Services by our affiliates, our partners, or other users ("Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any Third-Party Content. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

7. Promotions

If you choose to use our Services to conduct a promotion, including a contest or sweepstates ("Promotion"), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations which govern the Promotion. Your Promotion must state, implicitly or directly, that the Promotion is not sponsored by, endorsed by, or associated with us. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.

8. Conduct

When using our services, you must comply with these Terms and all applicable laws, rules, and regulations. Please review our Code of Conduct, which you agree to abide by as part of these Terms. In addition to the Code of Conduct, you agree that you may not do any of the following:

  • Use our Services in any manner that could interfere with, disable, disrupt, overburdern, or otherwise impair our Services;
  • Gain access to (or attempt to gain access to) another user's Account(s) or any non-public portions of our Services, including the computer systems or networks connected to or used together with our Services;
  • Upload, transmit, or distribute to or through our Services any viruses, worms, malicious code, or other software intended to interfere with our Services;
  • Use our Services to violate applicable law or infringe on any person's or entity's intellectual property rights or any other property rights;
  • Access, search, or collect data from our Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with us; or
  • Use our Services in any manner that we resonably believe to be an abuse of or fraud.

We respect the intellectual property of others and require that users of our Services do the same. You agree that we reserve the right to remove any infringing material from our Services and the termination of your right to use our Services for repeat infringment. If you believe anything on our Services infringes a copyright or a trademark that you own or control, you may notify us by emailing abuse@systemanomaly.com or abuse@j3b.in.

If we remove Your Content in response to a copyright or trademark notice, we will notify you via any means provided to us when your Account(s) were created or through our Services directly. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification to abuse@systemanomaly.com or abuse@j3b.in. Please see 17 U.S.C § 512(g)(3) for the requirements of a proper counter notification.

10. Intellectual Property

Our Services are owned and operated by John Bradley under the System Anomaly Brand or Anomaly Digital Services Sub-Brand. The visual interfaces, graphics, design, compliation, computer code, data, information, products, services and trademarks (collectively "Materials") provided by us are protected by intellectual property and other laws. All Materials included in our Services are property of System Anomaly or its third-party licensors. You acknolwedge and agree that you shall not aquire any ownership rights whatsoever by downloading Materials. Except as expressly authoried by us, and subject to our Brand Guide, you may not make use of signature branded portions of our Materials. Other restrictions may apply on a case-by-case basis for open-source or Creative Commons licensed and sub-licensed Materials, and any third-party licenses. We reserved all rights to our Materials not granted expressly in these Terms.

11. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold System Anomaly, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “System Anomaly Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of our Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SYSTEM ANOMALY ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. SYSTEM ANOMALY DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE SYSTEM ANOMALY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL ANY OF THE SYSTEM ANOMALY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SYSTEM ANOMALY ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE SYSTEM ANOMALY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

13. Governing Law and Venue

We want you to enjoy our Services, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns by emailing support@systemanomaly.com.

To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of Mississippi, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Jackson, Mississippi, and you and System Anomaly consent to personal jurisdiction in these courts.

If you are a U.S. city, county, or state government entity, then this Section 14 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of Mississippi (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Jackson, Mississippi.

14. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by we will notify you via any means provided to us when your Account(s) were created or through our Services directly. By continuing to access or use our Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

15. Termination

You may terminate these Terms at any time and for any reason by deleting your Account(s) and discontinuing use of all Services. If you stop using the Services without deactivating your Account(s), your Account(s) may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, we may suspend or terminate your Account(s) or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Code of Conduct.

The following sections will survive any termination of these Terms or of your Account(s): 5 (Your Content), 8 (Conduct), 11 (Indemnity), 12 (Disclaimers and Limitation of Liability), 13 (Governing Law and Venue), 15 (Termination), and 16 (Miscellaneous).

16. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of our Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

These Terms are a legally-binding agreement between you and System Anomaly. If you have any questions about these terms, please email us at support@systemanomaly.com.