Terms and Conditions

Anamorphic Digital provides mobile device applications (“Apps”) and related services (“Services”). Please read these Terms and Conditions (“Terms”) and our Privacy Policy (“Policy”) carefully because they govern your use of our services.

If you do not agree to these Terms or the Policy, you cannot use the Services and should discontinue use. We provide the Services subject to your acceptance and ongoing compliance with these Terms. We reserve the right at our discretion to modify these Terms periodically. We may require your assent to the modified terms as a condition of your continued access to the Services. Your continued use of the Services after the effective date of such modifications indicates your acceptance to the modified Terms.

If you violate any of these Terms, your permission to use the Services automatically terminates, unless such violation is waived by us in writing at our sole discretion.

You must be over 16 years of age to use the Services. You are allowed to access and use the Services only if you are legally permitted to do so via the laws of your jurisdiction, including laws regarding minimum age requirements. You acknowledge that use of the Services requires connection to, and data transfers over, a network and therefore may impact your data usage charges imposed by your wireless or fixed operator.

1.0 LICENSED RIGHTS TO SERVICE AND CONTENT

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1.1 The Services contain: (i) materials and other items relating to the Services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Anamorphic Digital; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Anamorphic Digital or our licensors or certain other third parties, and is protected by Australian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

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1.2 Subject to your strict compliance with these Terms, we grant to you a non-exclusive, non-transferable, revocable, non-assignable, personal, limited license to download, display, view, use and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Anamorphic Digital’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

1.3 No other right or license to the Content is provided, and no other license shall be implied, by course of conduct or otherwise. We retain all right, title and interest in and to the Services, and all associated intellectual property rights. Except as expressly authorized by these Terms, you shall not use, reproduce, or distribute Content contributed by other users or by us.

1.4 You may not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Anamorphic Digital; (iii) harvest any information from the Service or Content, including information about other users; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.

1.5 You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.

1.6 Anamorphic Digital may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, at Anamorphic Digital’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Anamorphic Digital, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.

1.7 While we will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. We reserve the right to mark as "inactive" and archive unpaid Service accounts that are inactive for an extended period of time. Further, we may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Services in order to improve the Services and to verify compliance with these Terms. See our Privacy Policy for more detail on what information we collect.

1.8 All rights not expressly granted to you are reserved by Anamorphic Digital and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.

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3.0 SUBMISSIONS; USER CONDUCT

3.1 When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service (“Submissions”), you grant us a non-exclusive, worldwide, perpetual, transferable, sublicensable and cost-free right and license to use, reproduce, modify, distribute, create derivative works from, publicly perform and display, and otherwise exploit your Submissions in connection with the operation or promotion of the Services. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

3.2 You understand that you will not receive any fees or remuneration for any of the rights granted in this Section. You waive any and all rights and claims in connection with our consideration, use, or development of any materials similar or identical to your Submission now or in the future.

3.3 You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them. You further represent and warrant that your Submissions are accurate and not misleading, are not confidential, and are not in violation of these Terms or third-party rights.

3.4 All Submissions, whether publicly posted on or privately transmitted via the Services, are the sole responsibility of the user from which such Submissions originated. You agree not to upload, display, or distribute any Submissions or otherwise engage in any activity in connection with the Service that:

(a) is hateful, offensive, libelous, defamatory, obscene, pornographic, lewd, abusive, erroneous, or threatening;

(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;

(c) promotes illegal or harmful activities or substances;

(d) constitutes infringement of the intellectual property rights of any party;

(e) violates any contractual agreements you are party to, like confidentiality or non-disclosure agreements that you may have with an employer;

(f) creates an impression that is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your identity or affiliation with a person or entity;

(g) is for the purpose of soliciting other users to join commercial organizations or groups other than groups established pursuant to the Services; and

(h) reveals other people's private or personal information without their express authorization and permission.

3.5 In addition to these Terms, you agree to abide by our Community Guidelines and the following requirements:

(i) Be respectful of our community of users in both your public and private interactions;

(j) Do not post any content that is insensitive to or inappropriate for the community, including any content that depicts or promotes self-harm, or eating or other disorders, or targets survivors of the same;

(k) Help support a positive community by reporting violations of our Terms or Community Guidelines.

3.6 Although we are not obligated to monitor access to, or use of, the Services or Content or to review or edit any Submissions, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may, in our sole discretion, terminate the accounts of any users whose Submissions are, in our sole judgment, not in compliance with these Terms. We may remove or disable access to any Submissions at any time, without notice, and for any reason, including (but not limited to) if we, at our sole discretion, consider any Submissions to be objectionable or in violation of these Terms.

3.7 We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We may preserve and disclose such Submissions if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Anamorphic Digital, users and/or the public.

4.0 COPYRIGHT INFRINGEMENT

4.1 If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following in writing:

a) identification of the copyrighted work that you claim has been infringed;

b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

c) your name, address, telephone number, and email address;

d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

4.2 The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content as described under this section hereto, or terminate a user's account in accordance with these Terms.

4.3 Our designated agent to receive notification of claimed infringement can be contacted via privacy@anamorphicdigital.com.

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5.0 SUBSCRIPTIONS AND PRODUCTS

5.1 Anamorphic Digital offers Services which you can purchase as a monthly or yearly subscription (the “Subscriptions”). A description of features associated with Subscriptions is available via the Services. You may also purchase additional services, like mentoring and workshops, that are offered for sale (the “Products”). When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.  If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that we may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or the Google Play Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  For help with Transactions made via an App Providers, contact the App Provider; their terms, conditions and policies, and not ours, apply and we do not handle returns or refund requests for purchases through App Providers. For Transactions made on our Site, you will receive a confirmation email after we confirm the payment for your order. Your order is not binding until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

5.2 We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). We will either not charge you or refund the charges for orders that we do not process or cancel.

5.3 ALTHOUGH YOU MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME, ANAMORPHIC DIGITAL WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your subscription will automatically renew at the end of the subscription period, and the payment method you provided at sign-up will be automatically charged, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. Anamorphic Digital may change the price for the Subscriptions, from time to time, by posting the new price on its Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.

5.4 From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We may require you to provide your payment information to start the Trial. If so, UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, WE WILL AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY OR YEARLY BASIS. Your Subscription will be subject to the terms set forth in this Section.

5.5 We do our best to describe every product or service offered on our Service as accurately as possible. However, we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Anamorphic Digital shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from Anamorphic Digital is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.

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6.0 THIRD-PARTY SERVICES

6.1 Our Service may contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third-Party Services”). We may also integrate third-party technologies into our Service and host our content on Third Party Services.

6.2 These Third-Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

7.0 WIRELESS FEATURES; COMMUNICATIONS

7.1 The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features and upload content to the Service (collectively, “Wireless Features”).  By using the Service, you agree that Anamorphic Digital may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service.  Data rates and other carrier fees may apply.

7.2 You can opt-out of receiving promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us on help@anamorphicdigital.com with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Anamorphic Digital’s ongoing business relations. You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app. Please note that any opt-out by you is limited to the e-mail address or device used and will not affect subsequent subscriptions.

8.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1 IMPORTANT PROVISION CONCERNING HEALTH-RELATED CONTENT. The Services do not constitute medical or other professional advice. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Unless otherwise clearly stated in the Services, any Content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Services is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services.

8.2 IMPORTANT PROVISION CONCERNING PHYSICAL ACTIVITY. Anamorphic Digital is not a health care or medical provider. The Service and Content made available herein (including, without limitation, any advice, information, exercises, or regimens) are provided for general informational purposes only and do not constitute medical advice. As with any physical activity, there is the possibility of injury. We recommend that you consult your own healthcare professional before starting this or any other physical activity to determine if it is right for your needs. By participating in physical activity through the Services, you acknowledge and agree that you do so at your own risk, are voluntarily participating, and assume all risk of injury whether physical or mental. By using any of our Products or Services, you are responsible for listening to your body, participating at your own pace and modifying any instructions or suggestions to your level of ability and physical and mental condition. Stop using the Services and seek immediate medical attention if you experience any pain, illness, or discomfort. YOU EXPRESSLY WAIVE AND RELEASE ANAMORPHIC DIGITAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, INSTRUCTORS, INDEPENDENT CONTRACTORS, AND AFFILIATES (COLLECTIVELY, THE “ANAMORPHIC DIGITAL PARTIES”) FROM AND AGAINST ANY CLAIMS, DAMAGES OR LOSSES, INCLUDING PERSONAL INJURY OR AND DEATH, THAT RESULT FROM YOUR USE OF THE SERVICES.

8.3 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THE SERVICES OR TO STORE OR DISPLAY ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES. THE ANAMORPHIC DIGITAL PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM ANAMORPHIC DIGITAL INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. Specifically, we make no warranty that: (a) the Services will meet your requirements, goals or needs; (b) Services access will be uninterrupted, timely, secure or error-free; or (c) any errors or deficiencies will be corrected.

8.4 We do not represent or warrant that Content available on or from the Services are accurate, complete, reliable, current or error-free or that the Services are free of viruses or other harmful components and, accordingly, you should exercise caution in the use of the Services. You download, access or otherwise obtain Content from the Service at your own discretion and risk and you are solely responsible for your use thereof, and any damages to your computing device, and any loss of data, and any other damage or harm of any kind, that may result therefrom.

8.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ANAMORPHIC DIGITAL PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OR INABILITY TO USE THE CONTENT OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR ANY OTHER MATTER RELATING TO ANAMORPHIC DIGITAL, CONTENT OR THE SERVICES. ANY LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO AUD50 IN THE AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM ANAMORPHIC DIGITAL INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

8.6 You agree to defend, indemnify, release and hold harmless the Anamorphic Digital Parties from and against any and all claims (including third-party claims), losses, liability, damages, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Further, in the event you have a dispute with one or more other users, you hereby release the Anamorphic Digital Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes. Anamorphic Digital reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Anamorphic Digital’s defense of any claim. You will not in any event settle any claim without the prior written consent of Anamorphic Digital.

8.7 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ANAMORPHIC DIGITAL OR A LICENSOR OF ANAMORPHIC DIGITAL.

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9.0 DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

9.1 Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, the Content or your Submissions (including tort, privacy as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC") in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in Sydney, Australia. All awards may if necessary be enforced by any court having jurisdiction.

9.2 The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce the same.

9.3 THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Anamorphic Digital in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ANAMORPHIC DIGITAL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

9.4 All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.

9.5 You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

10.0 TERMS APPLICABLE FOR APPLE iOS

If you are using the Services through an Apple device, the following terms apply:

(a) To the extent that you are accessing the Services through an Apple device, you acknowledge that these Terms are entered into between you and Anamorphic Digital, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.

(b) The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Services. You acknowledge that Anamorphic Digital, and not Apple, is responsible for providing the Services and Content thereof.

(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.

(d) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

(e) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Anamorphic Digital, Anamorphic Digital, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Services fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(g) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

(h) When using the Services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Services.

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11.0 UPDATES TO THE TERMS

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Services.

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12.0 GENERAL PROVISIONS

12.1 These Terms, the Services, the Content, and the Submissions, and any disputes related to or concerning any of the foregoing (including tort, contract and privacy claims, and whether pre-contractual or extra-contractual) shall be governed by the laws of NSW, Australia. The choice of law rules of any jurisdiction shall not apply and neither party shall invoke any other laws in any proceeding between the parties. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Services, or Content, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

12.2 These Terms shall not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent shall be void. We may at any time assign these Terms without prior consent or notice. These Terms shall be binding on, and inures to the benefit of, the parties and their respective and permitted successors and assigns.

12.3 You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we shall be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.

12.4 The Terms constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. You may be subject to additional terms and conditions that may apply when you use affiliate or third party content or services. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. No Anamorphic Digital consent or approval may be deemed to have been granted by Anamorphic Digital without being in writing and signed by an officer of Anamorphic Digital. The provisions of these Terms and any applicable Additional Terms which by their nature should survive termination of your use of the Service will survive.

12.5 Anamorphic Digital reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Anamorphic Digital may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

12.6 Anamorphic Digital controls and operates the Service from Australia, and Anamorphic Digital makes no representation that the Service is appropriate or available for use beyond Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to Australian export controls, and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to Australian export controls or sanctions.

12.7 If you have any questions or comments, please send an email to help@anamorphicdigital.com.  You acknowledge that the provision of support is at Anamorphic Digital’s sole discretion and that we have no obligation to provide you with customer support of any kind.  All legal notices to us must be mailed to: Anamorphic Digital, BO Box 188, Camperdown, NSW 1450 AUSTRALIA.  When you communicate with us electronically, you consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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