ANONA Terms of Service
Please read the following Terms of Service (“ToS”).
Any references to ‘user’, ‘you’, ‘your’, ‘member’, ‘artist’, refers to you, as a user of the site. References to ‘site’, ‘we’, ‘us’ and ‘our’ refers to ANONA, a corporation organized under the laws of the state of Nevada (“ANONA”), the artnonartist.com website and any WhatsApp, DropBox or other communication channel or distribution platform that is owned, managed, maintained or otherwise affiliated with ANONA (“ANONA Sites”).
By accessing the ANONA Sites and/or using ANONA, you accept and agree to be bound by the terms and provision of this ToS. You shall be subject to any posted guidelines or rules applicable to our services, which may be posted and modified from time to time. All such guidelines and rules are hereby incorporated by reference into this ToS.
ANY ACCESS TO AND/OR PARTICIPATION ON THE ANONA SITES WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, PLEASE DO NOT USE THE ANONA SITES.
ANONA is a collective of creative artists and non-artists. The purpose of ANONA is to facilitate and provide a global online platform for artists, songwriters, musicians, producers, audio engineers and other non-musicians to collaborate in the writing, recording, and production process of original music.
ANONA allows you to collaborate in the writing, recording and production process and to share and contribute original compositions (music and/or lyrics), master sound recordings, artwork, or other materials (“Content”) with other ANONA users.
Uploading Content: Any Content that you post, upload, contribute or otherwise make available (“Contribute”) on the ANONA Sites is referred to as “User Content”. By Contributing User Content to ANONA and/or via any ANONA Site, you grant ANONA a worldwide, royalty-free and for payment of no compensation of any kind, non-exclusive, perpetual, license to use, exploit and publicly perform and display such content via ANONA and/or on ANONA Sites.
You retain all rights in, and are solely responsible for, the User Content that you Contribute to ANONA and to the ANONA Sites. You acknowledge and agree that you, and not ANONA, are entirely responsible for all User Content that you Contribute to the ANONA Sites.
You acknowledge and agree that by using the ANONA Sites any User Content that you Contribute may be used, modified and/or altered by other persons (including as set out under the section Collaboration Agreement below) and that ANONA shall not be held responsible for any such use, modification or alteration.
ANONA does not claim any rights to User Content other than (i) the right to host and display such materials on the ANONA Sites, (ii) display and make such User Content available for the purposes of facilitating collaboration with other ANONA users (iii) to make available, publish, disseminate, publicly perform, broadcast for use in advertising, marketing and/or promotional materials in connection with the ANONA community and the ANONA Sites (including via online and social media posts) and/or (iv) in accordance with the terms of a License Agreement (see section relating to “Selected Collaborations” below).
You may only Contribute User Content that you wholly own and/or control the rights to, is appropriately licensed to you for the intended use, and/or where you have the express permission of the copyright owner(s) or their authorized representative(s). In all cases, you commit to adhere to any terms as set out by the owner, license or agreement. If you are Contributing content under a Creative Commons license, you agree that you will adhere to all requirements of such Creative Commons license including properly attributing the licensor and providing a link to the source of the original work. ANONA reserves the right to suspend your access to ANONA Sites, terminate content exchanges via any ANONA Site, and/or take any other action deemed necessary where ANONA believes User Content infringes on the rights of third parties under copyright law or any other applicable law.
Downloading Content: By downloading any Content from any ANONA Site, you agree not to use such Content for any commercial purposes and/or for any purpose other than intended by the applicable copyright owner(s) and you hereby agree to abide by any applicable terms, license or legal requirements that attach to the use of such Content.
For example, it is not permitted to download an unlicensed audio file from an ‘open’ collaboration project and to upload it to another public website, platform and/or or digital service provider without the express authorisation of all applicable copyright owner(s).
By submitting Content to a collaboration on ANONA, you are authorising and allowing other users to access, download, playback your work, and to build, modify and alter your work including by mixing, remixing, editing, cutting, rearranging, adapting and/or dubbing.
Following a collaboration, ANONA may invite you to release a work created via ANONA as a “Selected Collaboration”. In the event you are selected, you and all collaborators with copyright interests in the Selected Collaboration will be required to enter into a separate agreement with ANONA (“Assignment Agreement”).
Where there is a discrepancy between these ToS and the Assignment Agreement, the Assignment Agreement will take precedent.
If you wish to release a work yourself or via alternative means you agree that you (i) will be solely responsible for obtaining, maintaining and paying for all clearances and third party rights, licenses, permissions and consents including obtaining the authorization of other ANONA users that collaborated on the applicable Content and (ii) ensure ANONA’s involvement in the creation of the Content will be appropriately acknowledged and credited (including in all applicable production credits).
ANONA and the ANONA Sites are intended to facilitate a positive collaborative environment for the creation of new music.
Users agree not to use ANONA and/or the ANONA Sites to upload, exchange, post, email, transmit or otherwise make available any inappropriate or unlicensed content.
As a condition of use, you promise not to use the service for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by ANONA. By way of example, but not limited, you agree not to use the service:
- To abuse, threaten, impersonate or intimidate any person or any other entity;
- To post or transmit, or cause to be posted or transmitted, any content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the service;
- To misrepresent your affiliation with a person, company or any other entity;
- For sending junk mail, spam or any other form of not wanted information and every other form of deceiving or unsolicited information.
If you believe that any material on an ANONA Site violates any copyright or similar right which you own and/or control, you should send a written notification of such infringement to [[email protected]].
To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.
- Disclaimer of Liability and Indemnity
You agree to waive and shall not assert any claims or allegations of any nature whatsoever against ANONA, its affiliated and associated companies, and their respective owners, directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, and successors (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the ANONA Sites and services.
You hereby agree to indemnify and hold harmless ANONA and its indemnified parties from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of a breach of these ToS.
The ANONA Sites are made available to you on an “as-is”, “with all faults” and “as available” basis. Your use of the ANONA Sites are at your own discretion and risk. ANONA makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, ANONA is not liable to you for any loss or damage that might arise from your use of the ANONA Sites.
ANONA expressly disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the ANONS Sites.
ANONA is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site or any third party site or resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the ANONA Sites. Your sole and exclusive right and remedy in case of dissatisfaction with the site shall be your discontinuation of access to, and/or use of the ANONA Sites. If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, then ANONA's maximum liability for any type of damages shall be limited to U.S. $100.00.
ANONA WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
This agreement will be governed by the laws of Nevada. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The user agrees to comply with all applicable laws in using the ANONA Sites.
ANONA’s graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade dress and intellectual property of ANONA.
ANONA trademarks, trade dress or any intellectual property may not be used in connection with any product or service without the prior written consent of ANONA.
To report a suspected abuse of the ANONA Sites or a breach of these ToS please contact us via the artnonartist.com website.