Any Distance Inc.
Terms & Conditions
These terms set out:
- What you can expect from Any Distance;
- What we expect from you; and
- What will happen in the case of a disagreement.
Understanding these terms are important as they govern our relationship and by using the App you are agreeing to these terms.
We believe strongly that your photographs should remain your property and, as described below, Any Distance requires a license only to legally display them through the App. We will not reuse your photographs without your permission and you may revoke your permission for display on the App at any time. Read on to learn more.
This App (as defined below) is owned and operated Any Distance Inc. (“Any Distance”) which shall include its funders, successors, corporate parents, affiliates, and officers.
These Terms limit Any Distance’s liability and obligations to you, grant Any Distance certain rights and allow Any Distance to change, suspend or terminate your use of the App. Your use of the App is expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the App of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the App.
YOU UNDERSTAND THAT BY USING THE APP YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OR ACCESS THE APP. TO ACCESS OR USE THE APP, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE APP IF YOU HAVE BEEN PREVIOUSLY BANNED.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Any Distance are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Any Distance on an individual basis, unless you opt-out in accordance with the instructions below.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE APP. If you are not yet 16 years old, do not use the App.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the App with both your and their full understanding of these Terms. By using the App, you are telling us that you and your parent or guardian, have joined in this agreement.
- DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:
- “IPR” means any rights in or to, but not limited to, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
- “App” means this site and associated sites or applications including any and all audio and/or visual elements thereof, created, licensed or owned by Any Distance or by Any Distance’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the App, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
- “User Content” means any images, pictures, or other media uploaded by you or other users of the App.
- GRANT OF RIGHTS. Any Distance grants you a limited, non-exclusive, non-assignable, non-transferable right and license to use and display the App solely as described in these Terms (“Access”), provided that you comply fully with these Terms. Your Access to the App shall remain in effect until and unless terminated by you or Any Distance.
- PAYMENTS & FEES. To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like Apple Inc., iTunes, ApplePay or any other payment method made available by Any Distance) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you paid through the iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Any Distance. In order to access certain functionality of the services, you may be required to pay fees. Fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. You agree to pay the subscription fees, and other charges you incur in connection with your Any Distance account, whether on a one-time or subscription basis. Any Distance reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
- INTELLECTUAL PROPERTY RIGHTS.
4.1. The App and all IPR therein is owned by Any Distance and/or its content providers (including its users who retain ownership of their content) and other licensors, and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by Any Distance, you agree not to: (1) commercialize, capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the App and the IPR, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the App (each of the foregoing, “Unauthorized Conduct”).
4.2. Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of Any Distance and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.
- USER SUBMISSIONS. During your use of the app, you will be able to upload User Content, feedback, comments, suggestions, or other materials or files, including, without limitation, names or likenesses (all whether concerning you or a third party) (collectively, the “Submissions”) to the App, whether or not requested to do so by Any Distance. You shall be deemed to have granted Any Distance a worldwide, royalty-free, non-exclusive, transferable (as described herein), licensable, license to cache, copy, distribute, transmit, publicly display, the Submissions on the App. YOU CONTINUE TO OWN ALL IPR IN AND TO YOUR USER SUBMISSIONS, you are just licensing the Submissions to Any Distance for display purposes.
- ANY DISTANCE DOES NOT OWN YOUR USER CONTENT AND WILL NOT DISPLAY YOUR USER CONTENT IN ANY VENUE OTHER THAN THE APP. YOU MAY REMOVE YOUR USER CONTENT AT ANY TIME.
- You represent and warrant that your Submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). Any Distance may in its discretion, remove any Submissions at any time, with or without notice to you, prior or otherwise. Any Distance does not, and cannot review all Submissions, and is not responsible for the content or substance thereof. However, Any Distance provides a way to report abusive content and reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that Any Distance shall not be deemed the publisher of any Submission by virtue of its right to control said Submission. Any views and opinions expressed in a Submission reflect author’s point of view and are not necessarily those of Any Distance.
Any Distance services may function as a venue to connect users in a virtual information place. As a neutral facilitator, Any Distance is not directly involved in the actual interactions between users using the services. As a result, Any Distance has no control over the truth, accuracy, quality, legality, or safety of postings made by users using the services and has no responsibility to confirm the identity of users. You shall at all time exercise common sense and good judgment when dealing with any users and/or other users using the services.
- THIRD PARTY WEBSITES.
- You acknowledge and agree that the owners of any content found on the App (including photographers) and any distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce the Terms directly against you. Other than as stated herein, the Terms are not intended to grant any other third-party rights. If you have downloaded the aor if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding app stores. The Terms are an agreement between you and Any Distance and not with the App Store, and Any Distance is solely responsible for the App. The App Store has no obligation to furnish any maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store and they will refund the purchase price (if applicable) to you, and, to the maximum extent allowed by law, the App Store will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities or expenses arising out of any failure to conform to any warranty shall be the sole responsibility of Any Distance. The App Store is not responsible for addressing any claims by you or any third party relating to the App including: product liability claims; claims that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under any consumer protection law. In the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Any Distance will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms. You agree that the App Store and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. You represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; you are not listed on any U.S. Government list of prohibited or restricted parties; you are not an individual, or associated with an entity, designated under the UK's Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances. You must also comply with all applicable third-party terms of service when using the App.
- In order to access some features of the App, you may be required to create or register for a user account. In consideration for your use of the App, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the App (your “Registration Information”) in order to create your user account; and (3) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at Any Distance’s sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the App.
- You are solely responsible maintaining the confidentiality of your username and password. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify Any Distance of any unauthorized use of your user account; and (2) ensure that you properly log out of the App at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. Any Distance shall have no liability for any loss or damage arising from your use of a user account, the App, or your failure to comply with these requirements. Any Distance will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of Any Distance or others due to such unauthorized use. The following non-inclusive list of violations may result in Any Distance terminating or suspending your user account and/or your access to the App and you agree not to engage in any of the following conduct anywhere on the App:
- Submit Submissions that are subject to the IPR protections of a third party, including without limitation, any IPR or material otherwise subject to third party proprietary rights, including, without limitations, privacy and publicity rights, unless you are the owner of such rights of have permission from the owner of such rights to post said material and to grant us all of the license rights granted herein;
- Request, demand, or suggest payment for items posted on or to the App;
- Use any means to copy, redistribute, reproduce, rip, record, transfer, perform, or otherwise make available any IPR accessed through the App;
- Reverse engineering, decompiling, disassembling, modifying, or creating any derivative works of the App, except to the extent permitted by applicable law; and
- Providing your password to any other person or using any other person’s username and password.
- Use the app as a platform for promotional giveaways;
- Transmit any Submission that Any Distance, in its sole discretion, advises to be false, inaccurate, misleading, disrupting, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated or otherwise objectionable;
- Harass, threaten, embarrass or cause distress or discomfort to another App participant, user, or other individual or entity;
- Distribute viruses or any other technologies that may harm the App or the interests or property of our users and partners;
- Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the App, without their consent;
- Use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission;
- Impersonate or misrepresent your affiliation with any person, or institution;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the App; or
- Post or transmit inappropriate photos of minors, in Any Distance’s sole discretion.
- DISPUTES WITH OTHER USERS. If you have a dispute with one or more users, you release Any Distance from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
- RIGHTS YOU GRANT ANY DISTANCE. In consideration for the rights granted to you under these Terms, you grant Any Distance the right to allow the App to use the processor, bandwidth, and storage hardware on your device, as necessary to run the App. If you provide feedback, ideas, comments or suggestions in connection with the App (“Feedback”) you acknowledge that such Feedback is not confidential and that Any Distance may use such Feedback without any restriction and without payment to you.
- SERVICE LIMITATIONS. Any Distance will make commercially reasonable efforts to keep the App operational but certain technical difficulties, required maintenance, testing, and updates may, from time to time, results in temporary interruptions. Any Distance reserves the right to modify, discontinue (either temporarily or permanently) any function or feature of the App, or the App in its entirety. Any Distance will always try to give you advance notice of such interruptions, but shall have no liability for any interruptions in service.
- TERMINATION. You understand and agree that Any Distance may, in its sole discretion and at any time suspend, or terminate your use of the App for any reason. Any Distance may also, in its sole discretion and at any time, discontinue the App, in whole or in part, or limit or restrict any access thereto, for any reason. You understand and agree that Any Distance may take any one or more of these actions without any notice to you, prior or otherwise. You understand and agree that Any Distance shall not have any liability to you or any other person for any termination of your access to the App and/or the removal of information concerning your actions on the App. You may also terminate your use of the App at any time. If you wish your account information and Submissions to be deleted please email firstname.lastname@example.org.
- INDEMNIFICATION. You agree to indemnify and hold Any Distance harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of this App, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.
- YOU AGREE THAT USE OF THE APP IS ENTIRELY AT YOUR OWN RISK. THE APP IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY DISTANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. ANY DISTANCE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP DOES NOT VIOLATE ANY IPR OF ANY PERSON. ANY DISTANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ANY DISTANCE) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTANCE SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “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.”
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY DISTANCE AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE ANY DISTANCE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, ANY DISTANCE AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE APP. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY DISTANCE AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO ANY DISTANCE, IF ANY, FOR ACCESSING AND USING THIS APP.
- NOTICE FOR CALIFORNIA USERS: This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- COPYRIGHT NOTICE The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Any Distance infringe your copyright (for example, materials posted by Any Distance users), you (or your agent) may send Any Distance a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the App is covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Any Distance to locate the material on the App; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Any Distance against you, the DMCA permits you to send Any Distance a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the App should be sent to our Copyright Agent for Notice of claims of copyright infringement at: email@example.com. They should include: (1) Your name, address, telephone number, and email address; (2) A description of the copyrighted work that you claim has been infringed or the work that contains your identity; (3) The precise URL or a description of where the alleged infringing material is located; (4) A statement by you that you have a good faith belief that the content you claim infringes your copyright interest was copied without your authorization or that of the copyright owner or his/her/its agent or proof that you are the subject identified in the content; and (5) A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf or you are the subject depicted in the content and that you do not wish the content to be displayed in the future on the App. If you are authorized to act on behalf of the copyright owner, you must provide an electronic or physical signature of the copyright owner on a statement wherein he/she/it authorizes you to act on his/her/its behalf.
- All Claims you bring against Any Distance must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, Any Distance may recover reasonable attorney’s fees and costs, provided that Any Distance has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
- Any Claim must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
- Any failure to act by Any Distance with respect to a breach by you or others does not waive Any Distance’s right to act with respect to subsequent or similar breaches.
- Notwithstanding anything to the contrary, Any Distance reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
- Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
- Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
- Severability. If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
- Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
- Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Any Distance as a result of these Terms or your use of the App. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by us with respect to such use.
- Entire Agreement. These Terms set forth the entire understanding and agreement between you and Any Distance with respect to the subject matter of these Terms.