These Aniom Terms of Service (the
"Terms of Service") constitute a legally binding agreement by and between Aniom LLC and its affiliates, as applicable, doing business as Aniom (
"Aniom Platform") and you (
"You"), concerning the Aniom Products (as such term is defined below).
"Digital Media Files" are any images, animations, films, videos, or other audio/visual representations recorded in any computer-readable format or form that are obtained, directly or indirectly, from Aniom.
"Intellectual Property Rights" shall mean all rights of authorship, all copyrights (including rights in applications or registrations), all rights of attribution and integrity and other moral rights, all rights of inventorship, all rights in patents and patent applications, all trademark rights (including rights in applications or registrations), all rights in trade secret and proprietary information, and all other intellectual property rights of any type, whether registered or registerable or not in any country.
"Aniom Products" means the Digital Media Files, the Services, and the Aniom Software (AtomX extension, and others).
"Aniom Software" means the software extensions of Third Party Software that are identified as "Plug-Ins" or "Extensions" and available to Licensees by download by means of the web site maintained by Aniom at official website aniom.net
means the purchase price, membership fee, or pricing structure Licensee selected or will select during Licensee's enrollment process for use of the Aniom Products.
means video/photo processing services, creation of own graphics packages (for AtomX extension) and other types of services provided by Aniom on the current site.
"Third Party Software"
means any software proprietary to a Third Party Software Provider, including the timeline-based video editing software application known as (After Effects, Premiere Pro, ...) that is proprietary to Adobe Systems Incorporated.
"Third Party Software Provider"
means any party other than Aniom that provides its proprietary software to authorized users.
means to access, install, download, copy, distribute, modify, make use of, or otherwise benefit from using the functionality of any of the Aniom Products.
Except as expressly granted herein, all right, title and interest to the Aniom Products and any Intellectual Property Rights related thereto are retained by Aniom and all right, title and interest to the Third Party Software and any Intellectual Property Rights related thereto are retained by such Third Party Software Provider.
The copyrights in all Aniom Products are owned by Aniom or its licensors, and the copyrights in all Third Party Software are owned by such Third Party Software Provider or its licensors, and in all cases are protected by applicable copyright laws, international treaty provisions and other applicable laws.
Aniom's trademarks and service marks, including "Aniom" may not be used or associated with any of Licensee's derivative products created from Digital Media Files or by means of the Services or the Aniom Software without Aniom's written consent, which Aniom may grant or deny in its sole discretion.
If You believe that any Digital Media File or the work product of the Services and/or the Aniom Software infringes your copyright, You must communicate the following information to Aniom in the manner specified below:
Submit your complaint, preferably by email to firstname.lastname@example.org.
Aniom reserves the right to block or terminate a Licensee's access to the Aniom Products without notice at any time if it determines in its sole discretion that a Licensee is violating any of the terms and conditions of these Terms of Service. Aniom also reserves the right for any reason or no reason to refuse to renew a subscription with or without prior notice.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: A) IN NO EVENT SHALL Aniom OR ANY THIRD PARTY SOFTWARE PROVIDER BE LIABLE TO LICENSEE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY OF THE Aniom PRODUCTS; AND B) THE AGGREGATE LIABILITY OF Aniom AND THE THIRD PARTY SOFTWARE PROVIDER IN CONNECTION WITH THESE TERMS OF SERVICE AND LICENSEE'S USE OF THE Aniom PRODUCTS SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE PAID BY LICENSEE THEREFOR.
Licensee hereby agrees to defend, indemnify, and hold harmless Aniom and any Third Party Software Provider, their directors, officers, employees, and agents, and their assigns and successors-in-interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, or costs (including attorneys' fees and expenses) arising out of or resulting from:
These Terms of Service shall be interpreted, applied and governed by the laws of the country of Georgia, regardless of the choice of legal norms of any country, state, province or other jurisdiction.
All disputes concerning or relating to these Terms of Service or their termination are subject to the exclusive jurisdiction of the courts of Tbilisi, Georgia, and the Licensee unconditionally agrees to such personal jurisdiction and waives all objections to this.
In the event that Aniom institutes any suit against Licensee for any violation of or to enforce these Terms of Service, including collection of any fees due hereunder, or should Aniom intervene in any suit to enforce or protect its interest or rights hereunder, Aniom shall be entitled to all of its costs and expenses in connection therewith, including reasonable fees of its attorneys, if and to the extent permitted by law.
These Terms of Service constitute a binding agreement between Aniom and Licensee, and shall bind the parties and their permitted heirs, executors, administrators, successors, and assignees.
These Terms of Service are personal to Licensee and may not be assigned or transferred by Licensee, whether by consent of Licensee or by operation of law.
Aniom may assign these Terms of Service in its sole discretion, including but not limited to in connection with the sale or other transfer of all or substantially all of its assets or equity interests, whether by sale, merger, or otherwise.