Terms of Service

 

General Statement

These Terms of Use create a legally binding agreement between you and Anaphora Literary Arts, hereby known as Anaphora. Please read these terms of use before using anaphoraarts.com, including any publicly available content, including but not limited to content on our various social media profiles, on anaphoraarts.com, and anaphoraartsconference.com, and our members-only services, including but not limited to all Anaphora related arts. If you access, link to, or otherwise use anaphoraarts.com or anaphoraartsconference.com (“Website” or “Site”), it means you accept the Terms. The Terms control how you may use the Site and any other mobile or other online services we provide and the content/services available on or from our Site (“Content”). If you use the Website during your business or work, you also agree to the Terms on behalf of your business or work. If you do not agree with the Terms (or do not have the authority to do so), you should not use the Site or any Content. If you have any questions about any of the Terms, please contact us at info@anaphoraarts.com. We suggest that you print a copy of the Terms for your records. We may change the Terms at any time, so review them whenever you access or otherwise use the Site or any Content because if you access or otherwise use the Site or any Content after a change in the Terms, you will be deemed to have agreed to the most current version of the Terms.

Access and Use

Access

Our ability to provide high quality Content depends, in part, on you complying with the Terms, particularly our copyright and reproduction policy. The amount of content that you can view depends on what kind of user you are. For example, if you are not a subscriber, your access to Content is more limited.

International Use

We do not represent that the Site or Content is appropriate or available for access from or use in countries outside the U.S. If you choose to access or use the Site from outside the U.S., you are responsible for compliance with all foreign and local laws. 

IP Protection

The Website, including photographs, video, audio, graphics, and other Content, is protected by copyrights, trademarks, service marks, and other proprietary rights under U.S. and international laws and treaties. The Content is also protected as a collective work or compilation under U.S. copyright law. All individual articles and other elements making up the Content are also copyrighted works. You will comply with all copyright and other laws, including copyright notices or restrictions in the Content. You acknowledge that we and our licensors have used judgment and considerable effort and expenditure of resources to develop, compile, select, and arrange the Content and that the Content is valuable intellectual property of Anaphora and others. You will protect our and others’ proprietary rights in the Content and comply with all reasonable requests we make to protect such rights. You will notify us promptly when you learn of any unauthorized access or use of the Content by anyone or of any claim that the Content infringes upon any right of a third party. As between you and Anaphora, all present and future rights, whether in the form of trade secrets, patents, copyrights, trademarks, service marks, know-how, or otherwise relating to the Content ("IP Rights") shall remain the sole and exclusive property of Anaphora or its licensors. Except as specifically permitted by the Terms, you may not copy or use any of the Content for any purpose without our prior written explicit consent.

Permitted Use

You may do the following with the Content: 

  • View and store it for your personal use on any device that is compatible with the Site (e.g., a PC, laptop, smartphone, or other mobile device). 

  • Print single copies of articles on paper for your personal use. 

  • Share links to articles by using our software tools on the Site. 

  • Share articles using our “Email article” tool. 

Placement of Anaphora supplied promotional materials is permitted as long as the guidelines for use are strictly followed. Unauthorized use of the our logo, with or without Anaphora’s name is prohibited. 

All content that appears on the Anaphora website but is not created by AWP, including discussion comments and images, cannot be used outside of the Anaphora website without express written permission from Anaphora and the original author. The website may be unavailable periodically for routine maintenance, repairs, or updates. Anaphora will give as much notice as possible in the case of outages, but Anaphora does not need to announce outages that are beyond our control, such as outages caused by the website host.

If we notify you that we believe you are violating any Term, you shall immediately stop doing so, and your rights to use the Site will be deemed terminated indefinitely unless we agree otherwise.

Additional Restrictions

You may not use the Site or any Content for any unlawful purpose or in any way which is inconsistent with any Term. For example only, this means that you may not:

  • Share your user name and password with anyone. Sharing a password means a copy of the Content may be made by an unauthorized user. We reserve the right to track usage of the Site to detect password sharing and any other abuse. 

  • Except as permitted by the Terms, (a) use, transfer, distribute, or dispose of any information in the Content in any way that could compete with the business of Anaphora or any of our licensors; or (b) copy, reproduce, modify, recompile, decompile, disassemble, reverse engineer, transmit, distribute, publish, display, upload, sell, license, rent, create derivative works from, edit, or in any way exploit any part of the Content.

  • Photocopy or scan any Content without a license from us or our applicable licensor. 

  • Remove any copyright, trademark, or other proprietary notice from any Content or any permitted copy made under the Terms.

  • Create an electronic or other database for any of the Content in whole or in part.

  • Frame or scrape any Content or otherwise access the Content for a similar purpose. 

  • Use or attempt to use the Content outside the scope of your subscription or access rights. 

  • Send unsolicited email or spam to anyone or upload or send any message that in our sole opinion is unlawful, libelous, slanderous, obscene, hateful, insulting, threatening, abusive, misleading, deceptive, offensive, or otherwise than is friendly, civil, and written as if by a guest to a host.

Privacy Policy and Registration

We are committed to protecting your privacy. Anaphora works to maintain the privacy of visitors to anaphoraarts.com. This privacy policy explains Anaphora’s limited uses of the information we collect from you when you visit the site, create a user account, or purchase a product or service.

What personal Data we collect & why we collect it

Your email address: Anaphora uses your email address mainly to facilitate your purchases and your participation in Anaphora projects and services. Generally, Anaphora will not distribute your email address to third parties.

Your Anaphora Website Usage Data: Usage data collected by our website and email is not shared, given, or sold to any third party, and is used solely by Anaphora’s staff to analyze the website’s usage, calculate membership’s average usage of our email messages, enhance the user’s experience, and verify fair and appropriate use of the services Anaphora provides. Anaphora uses Google Analytics for tracking website users and aggregating information about website traffic. Please refer to the Google Analytics Privacy Policy to learn about their site cookies and what information is captured. Your IP Address The Anaphora website only uses your IP address in combination with the version of your web browser to assign a session variable that keeps you logged into your Anaphora account while moving from one page of the site to the next. 

What We Do Not Collect

Your Credit Card Information: Anaphora does not “remember” or store credit card information on our website or servers. All payments through our online store are processed in a secure third-party gateway, Stripe. The Stripe Privacy Statement describes the information they collect during a transaction.

Anaphora Website Information & Content

Cookies & Site Security 

The Anaphora’s website uses cookies and/or session variables to keep you logged into your account and to collect items in your shopping cart when using our online store. Blocking or turning off these cookies would prohibit your ability to access your Account, members-only content, or to make purchases on our site. 

Registration

When you register with Anaphora, you must give us truthful, accurate, and complete information, e.g., your name, telephone number, and mail and email addresses, and any other necessary information. You must update changes to that information on the applicable registration or subscription pages. We are entitled to, and shall, rely on any information you provide. If we cannot verify that information, we may deny you access to the Site or services to our programs or conferences as applicable and at our sole discretion.

Content Licenses and Conduct

To You: You acquire absolutely no right or license in or to the Content other than the limited right to use the Content in accordance with the Terms. You may print or download to a single computer one copy of the Content for your personal, non-commercial use only. Any other use is strictly prohibited. 

From You: If you submit material (“User-Generated Content” or “UGC”) to the Website, Anaphora, or any representative of ours, you grant Anaphora and its affiliates a nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed without attribution to you. You also permit any other user to access, store, and reproduce such UGC for that user's personal use. You grant us the right to use the name that you submit in connection with such UGC. You represent and warrant that you own or otherwise control all of the rights to the UGC that you submit; that any UGC you submit is truthful and accurate; that use of such UGC does not violate any Term and will not injure any person or entity; and that you will indemnify Anaphora and its licensors and their respective agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from any UGC you supply. You waive any moral rights that you may have in regard to your UGC.

Without limiting the foregoing, you will: 

  • Only publish UGC that is your original content and will not infringe the copyright, trade secret, confidentiality, or other right any of any third party. 

  • Not post, link to, or otherwise publish any UGC containing any recommendation, advertising, or promotion for any good or service, including any stock or other investment. 

  • Not disguise the origin of any UGC. 

  • Not post or transmit any UGC that contains any computer code designed to destroy, limit, or interrupt any functionality of the Site or anything else. 

  • Not collect or store another user’s personal information or inhibit or limit another user from using the Site. 

We cannot monitor all UGC, and we have no control over UGC submitted by other users. We certainly can’t guarantee its accuracy, integrity, or quality. Also, some users may not behave properly and may post UGC that is misleading, untrue, offensive, or otherwise violates a Term. If we have actually received notice that some UGC breaches a Term, then we will review that UGC to decide whether to remove it from the Site. If you believe that any UGC infringes any legal right that you may have or is not allowed under the Terms, please notify us immediately with specific details at info@anaphoraarts.com.

You represent, warrant, and agree that: (a) you will access and use the Site and Content only in accordance with the Terms; (b) you are at least eighteen (18) years old; (c) you have the power and authority to enter into this agreement with us; and (d) you will not interfere with the authorized use of the Site by any other user, nor attempt to collect information about other users other than in the course of your use of the Site in accordance with the Terms. 

Your Indemnity

You will indemnify and hold us and our subsidiaries and affiliates, employees, contractors, officers, and directors harmless from all liabilities, claims, expenses (including, without limitation, reasonable attorney's fees, whether incurred as the result of a third party claim or a claim to enforce this Term), and other damages that arise directly or indirectly in whole or in part from your use or misuse of the Site or any Content or from your breach of any Term in whole or in part. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with any such defense.

Conference Attendee Terms & Conditions

Any person, delegate, accompanying individual, student, media representative, speaker, or exhibitor who is present at the Anaphora Conference & Pitch Fest (the “Conference”) automatically agrees to the terms and conditions set forth below (the “Terms and Conditions”). These Terms and Conditions apply to each person (the “Attendee”) regardless of whether they have received a formal registration. Anaphora reserves the right to render, in its sole and absolute discretion, all interpretations and decisions in connection with the Terms and Conditions and to establish further regulations binding upon the Attendee as may be deemed necessary to the general success and wellbeing of the Conference and/or any person(s) affiliated therewith. Anaphora’s decisions and interpretations shall be final in all cases.

Refund Policy for Conference Registration

Anaphora advises attendees to wait until they are certain of their attendance to purchase registration, as purchases are nonrefundable. All registration purchases are nonrefundable.

Registration Transfer

A registration may not be transferred to another individual.

Rules, Regulations, & Attendee Conduct

Attendee must comply with all applicable federal, state, and local ordinances, as well as Anaphora policies and procedures as set forth below. Participants who violate such rules and/or who behave in an unsafe or careless manner while attending the Conference may be asked to leave immediately and will be held responsible for their actions. The Attendee acknowledges that such violations may result in the Attendee being removed from the Conference and barred from returning without refund of the Attendee’s registration fee. The Attendee likewise acknowledges and agrees that all attendees of the Conference have the right to enjoy the Conference equally. Illegal, harassing or disruptive behavior that interferes with the conduct of reasonable business at the Conference, or any other attendee’s safety or comfort, including behavior that impedes or prevents accessibility services or requests, behavior that discriminates based on age, disability, race, ethnicity, gender, religion, political or institutional affiliation, or sexual orientation, behavior that violates COVID-19 health & safety precautions, and harassment of any kind, is strictly prohibited and may result in the Attendee being removed from the Conference and barred from returning without refund of the Attendee’s registration fee. Such violations may be reported to the appropriate authorities. 

Content Advisory

Attendee understands that some conference events may contain adult language and/or discuss mature themes. This content may not be suitable for all attendees. The views and opinions expressed at the conference may not necessarily reflect the views of Anaphora’s staff, Board of Directors, or members.

Indemnity

To the extent permitted by law, the Attendee agrees to protect, indemnify, defend, and hold harmless Anaphora, and any respective employees, officers, directors, and agents against all claims, losses, or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney's fees) arising out of or connected to the actions or failure to act in accordance with the Terms and Conditions by the Attendee, its employees, officers, directors, or agents, except those claims arising out of the other party's gross negligence or willful misconduct. 

Accessibility Services

Anaphora is committed to making all reasonable arrangements that will allow attendees to successfully participate in Conference events. Attendees who require assistance or accommodations during the Conference should request it from personnel at info@anaphoraarts.com.

Modification of the Conference Program

Anaphora reserves the right to modify the program, which is published as an indication only.

Digital & Other Recordings

Audio, and video recording may be captured before and during the Conference. Presenters and Conference Attendees grant Anaphora and its representatives permission to record them before and during Conference events and to use such recordings in support of Anaphora’s mission. Uses of records may include, but are not limited to, e-broadcasting on Anaphora’s social media pages, educational initiatives and post conference reporting. Attendees provide consent for Anaphora to record presentations in audio and/or visual form and grant Anaphora a royalty-free license to use, reproduce, and distribute the recordings and accompanying materials. Attendees also understand that while they retain the rights to their presentation materials (handouts, slides, etc.) and the content of the presentation, Anaphora is the sole copyright owner of any recording and can distribute it, along with any supporting materials in any way, with the appropriate attribution of the speakers.

Copyright & Trademark Permissions

Attendees agree, to the best of their knowledge, that their presentations do not violate any proprietary or personal rights of others (including any copyright, trademark, and privacy rights), are factually accurate, and contain nothing defamatory or otherwise unlawful. Attendees have full authority to enter into this agreement and have obtained all necessary permissions or licenses from any individuals or organizations whose material is included or used in a presentation. Panelists warrant their materials are original or properly licensed and agree to defend and indemnify potential copyright infringement claims. Panelists additionally grant license to Anaphora to all provided content.

Force Majeure

Attendance at the Conference is subject to acts of God, government authority, disaster, or other emergencies, any of which make it illegal or impossible for Anaphora to provide the services for the Conference, or make it illegal or impossible for the Attendee to attend the Conference. A registration may be cancelled for any one or more of such reasons by written notice from Anaphora to the Attendee without liability on the part of Anaphora.

Cancellation

In the event that the Conference cannot be held or is postponed due to events beyond the control of Anaphora, Anaphora shall not be liable to the Attendee for any damages, costs, or losses incurred, such as accommodations costs or financial losses.

Disclaimer, Limit of Liability

Disclaimer

The Site and all Content are provided “as is”, without warranty of any kind, express, implied, or statutory, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, non-infringement, completeness, accuracy, timeliness, security, performance, or availability of anything on or linked to from the site. Use of the Site and Content is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. Without limiting the foregoing, note that we do not control, and are not responsible for, third party networks, the Internet, third party actions, acts of God, or any other actions beyond our control. 

Our Limit of Liability

Under no circumstance will we or our subsidiaries or affiliates (including all of their respective directors, officers, employees, agents, successors, and assigns) be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Site or any Content. This limitation applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis, and even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the full extent permitted by law. Notwithstanding the above and regardless whether any remedy fails of its essential purpose, if we are found liable for any loss or damage arising out of or relating to the use of the Site or any Content, our liability shall in no event exceed the fee or charge you have paid to us in the last six (6) months, and for such purposes all your claims shall be aggregated and damages determined only once.

Fees

We reserve the right at any time to charge fees for access to all or portions of the Site. If we require a fee, we will first require you to create an account. You will not be charged for access to the Site unless you have indicated you agree to pay such charges. Note: by submitting your payment and other subscription details, you are making an offer to us to buy a subscription or other service. We will only accept your offer and have a contract when we have verified your payment details, email address, and any other information we deem reasonable. We reserve the right to reject any offer for any reason or no reason. 

When applicable, you will pay all fees and charges (including taxes) incurred on or as the result of the use of your account, including the purchase of any products or services, at the rates in effect for the billing period in which such fees and charges were incurred. All fees and charges incurred in connection with your account will be billed to you, and you will be solely responsible for their payment. We may terminate your access to the Site if we have any doubt about your payment details or authorization. If you are entitled to a refund under the Terms we will credit that refund to the card or other payment method you used to submit payment. If it has expired, we will contact you.

Termination

We reserve the right to terminate your access and account if you breach any Term. If we do, we owe no further obligation to you. We also reserve the right to terminate your access and account solely for our convenience. If we do, we will refund a pro rata portion of any subscription fee you have paid us. Upon termination, Upon termination of your access and account for any reason, the provisions of the Terms concerning IP Protection, Anaphora’s Responsibility, Disclaimer, Limit of Liability, Indemnification, User Conduct, Third Party Links, Fees, Choice of Law and Jurisdiction, and General will survive. A user is allowed to cancel an Anaphora user account at any time for any reason by contacting Anaphora at info@anaphoraarts.com. An active member is permitted to cancel a membership at any time for any reason. Anaphora does not extend refunds for unused memberships after the time of purchase.

Choice of Law and Jurisdiction

These Terms and your use of the Site will be governed by the laws of the United States and the State of California, excluding its conflict of laws principles. You will submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, in the State of California with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the Terms. Any cause of action arising out of or relating to the Site and your agreement with us must be brought within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.

General

You may not license or transfer any of your rights under the Terms. We may transfer any of our rights or obligations under the Terms to any entity but if we do so we will use commercially reasonable efforts to ensure that such entity will continue to honor your rights under them. 

The Terms are the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us with respect to the Site. If any Term is found to be invalid in whole or in party by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining Terms, which will remain in full force and effect and be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties reflected in the Terms. Failure by a party to exercise any right or remedy under the Terms is not a waiver of that right or remedy. Headings in the Terms are for convenience only and will have no legal meaning or effect.

Contacting Us

If you have any questions or comments regarding the Terms or the Site, please contact us at info@anaphoraarts.com.