Your use of the Anvil service is subject to the following terms and conditions (hereinafter the “Agreement”). ZEEN101 (hereinafter “Anvil”) operates and owns all rights to Anvil (anvil.pub), a platform that enables you to publish your WordPress blog posts, articles, and issues as a digital web publication and to mobile phone and tablet applications as well as manage metered paywall services, in-app subscription purchases, and push notifications (hereinafter the “Service”). This Agreement constitutes a binding understanding between the User (hereinafter “you” or “user”), an individual over the age of 18 who is capable of entering into a definite agreement or is acting on behalf of a company in which you have legal authority to bind the company to this Agreement, or a minor younger than 18, whose legal guardian accepted and allowed you to enter into this Agreement. Anvil may amend the Service or this Agreement at any time and all updates to this Agreement will be posted on this page with an updated effective date. It is incumbent upon every user of the Service to familiarize themselves with this Agreement. Your continued use of the Service is your acceptance of the changed or modified Agreement from the date of your previous use. Anvil may terminate this Agreement with all users or any user, for any reason or no reason, at its full discretion and without any prior written notice.

User Conduct:

When using the Service, you agree to participate in any conversation, contribution or conduct in a friendly and courteous manner, without inciting hate or maliciously attempt to circumvent the participation of any other user. Moreover, you agree not to use your user account or the Service to:

  • Fraud – The information you give when creating an account shall be true and complete. You will also not participate in any activity meant for fraud or to encourage other users to convey funds or other assets into your possession. You shall not use automated processes, scripts or macros while browsing the website or using the Service. You shall not reverse engineer the Service or manipulate any communication between yourself and the Service.
  • Non-Personal Use – You are forbidden to disclose any user account details to any 3rd party or to post them in any public location.
  • Loopholes – You shall not attempt to manipulate or circumvent the Service or use loopholes in them. Furthermore, you shall report any loopholes or means for circumvention immediately to Anvil.
  • Violation of Copyright – You shall not use the Service or post any content in a manner that infringes any 3rd party’s copyright, including other users’ copyright, patents, trademarks or any other intellectual property right. You shall not post any content circumventing copy protection means or otherwise infringes on any copyrighted work’s copy protection.
  • Invasion of Privacy – You will not post any content in a manner that deprives any other user’s privacy and/or to publish any private information about any other user or 3rd party.

Newsletter and Solicitations:

You hereby grant Anvil your consent to receive, from time to time, notifications and offers relating to the Service. You may opt-out of the Anvil newsletter by replying to the newsletter and requesting to opt-out, or by clicking the unsubscribe link.

Website and Service Usage:

Anvil publishes and maintains the website and its text, images, content and other information solely for your personal, non-commercial use, and solely for informational purposes. All other uses are prohibited without our express prior written consent. We may discontinue your use of or access to this website or Service or portions thereof at any time in our sole discretion without any advance notice to you. We may discontinue publication and maintenance of this website or Service or portions thereof at any time in our sole discretion. This website and Service © 2016 ZEEN101. All rights reserved. Unauthorized use is prohibited. You may not reproduce, retransmit, sell, decompile, rent or otherwise commercialize this website or Service or its information without our express prior written consent. Patents, trademarks and copyrights used on this website and Service are the property of their respective owners. This website and Service is not directed to or intended for use by children under the age of 13 years. We do not request, permit submission by, or knowingly collect any personal information from any person that is under the age of 13 years. You agree to use this website and Service only for lawful purposes in a lawful manner. We do not represent or warrant that your use of this website or Service will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access this website or Service from any jurisdiction or territory in which any of this website or Service content is illegal or impermissible. You may link to this website provided that you link only to our home page or internal pages (i.e., you do not “deep link” into our website), for so long as and subject to our sole discretion. You will not use any spider, robot (“bot”), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor this website or Service or any portions thereof. You agree not to access this website or Service by any means other than via the user interface provided by us for such purpose. You will not run, frame or otherwise display any of this website content on any other website.

Links to 3rd Party Websites:

Anvil may contain links to websites operated by 3rd parties. The mere fact that we link to another’s website does not mean that we endorse, recommend, sponsor, or have any other affiliation or relationship with that 3rd party. We do not control such 3rd parties, their websites or the information available via their websites. We disclaim all warranties and responsibility for such 3rd party websites and their information. You visit and use such 3rd party websites at your own risk.

Payments and Refunds:

The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for unused months. If your account is billed on a yearly basis and you wish to discontinue service, you must provide 72 hours notice before your billing anniversary date in order to insure no additional billing for the following year. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes. If a payment in a billing cycle is missed for any reason whatsoever, we will notify you of such non-payment and you have 10 business days to make a payment. If such payment is not made within 10 business days your Account will be terminated.

You will be the publisher of your mobile applications with mobile platform providers including, but not limited to, Google Inc for the Google Play Store and Apple Computer Inc for the App Store (hereinafter the “Providers”). You must enter into separate agreements with the Providers directly and you are responsible for all fees associated with the creation and ongoing maintenance of these accounts with the Providers. Notwithstanding the foregoing, you agree, to provide Anvil with full access to these accounts you create with the Providers by providing Anvil with your account login details (e.g. email address/password) so that Anvil may (i) initially setup and publish your mobile applications, and (ii) upgrade your mobile applications when Anvil releases new versions of the Service. Anvil will use commercially reasonable efforts to have the mobile applications approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your mobile applications are denied by the Providers, you may cancel your Account. However, there are no refunds under any circumstances.

Cancellation and Termination:

You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via email to info@anvil.pub. Cancellations by phone or sent via any other means will not be considered valid. All of your content will be deleted from the Service upon cancellation or termination of your Account and your mobile applications will no longer function. Deleted information cannot be recovered once your Account is cancelled or terminated. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again however there will not be any refund for partial months of service.

Anvil, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Anvil service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and your mobile applications will no longer function. Anvil reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Pricing:

Anvil reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Prices for the Service, including but not limited to monthly or yearly subscription plan fees and setup fees for the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself. Anvil shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, Anvil may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Anvil will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

Copyright and Content Ownership:

All content posted on the Service must comply with U.S. copyright law. You shall be solely responsible for securing and paying for all digital rights licenses and any other licenses from copyright owners (or their agents) required in connection to all content you use in connection with your use of the Service. Anvil claims no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours. Anvil does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

Copyright Concerns:

If you believe that any content or other information used by or accessible via this website or Service infringes your copyright rights, you may request that we remove such information. To do so, please submit a notice to us with the following details:

  • Please identify the work that you believe has been infringed. Please describe the work, and provide a copy of the work or a website address at which we can review it. Please include page numbers or other appropriate references to help us to locate the work.
  • Please identify the content or other information that you believe infringes your work. Please include a citation to our website page(s) to help us locate the information on our website.
  • Please provide your name and contact information so that we may reach you to discuss your notice as appropriate.
  • Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or otherwise by law.
  • Include a statement that the information that you have submitted is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on its behalf.
  • A signature or the electronic equivalent from the copyright owner or its authorized representative.
  • Submit this notice via email to copyright@anvil.pub

NO WARRANTY:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS SERVICE AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU AND BY USING THIS WEBSITE OR SERVICES YOU HAVE ACCEPTED THAT RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ANY SERVICES, APPLICATIONS, PRODUCTS AND SOFTWARE PERFORMED, DELIVERED, DOWNLOADED FROM US OR OTHERWISE PROVIDED BY THIS WEBSITE OR THE SERVICE (ALL COLLECTIVELY, “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY:

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANY MEMBER OF ANVIL, INCLUDING BUT NOT LIMITED TO ITS DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONE OR MORE MEMBERS OF Anvil HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS AND DAMAGES EXCEED THE AGGREGATE AMOUNT OF FEES YOU ACTUALLY PAID FOR USE OF THE SERVICES IN THE LAST THREE MONTHS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification:

You agree to defend, indemnify, and hold harmless Anvil, and all of our respective members, licensors, and providers, and their respective affiliates, directors, officers, employees, agents and representatives from and against any and all claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney’s fees and costs) arising from or concerning your actual or alleged violation(s) of this Agreement or your actual or attempted use(s) of or access to this website, the Service, or its information.

General Provisions:

This Agreement constitutes the entire agreement between you and Anvil concerning this Service, its information and use thereof. Anvil may assign (whether by operation of law or otherwise), transfer, subcontract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not assign (whether by operation of law or otherwise), transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under this Agreement. Any legal matters or notices to Anvil may not be served via this website or its “Contact Us” page. Anvil shall not be liable for any failure or delay in performing any of its obligations if such delay is caused by any event or circumstance beyond its reasonable control, including acts of nature, accidents, or any other industrial, civil or public disturbance. The laws of the Province of Ontario and the laws of Canada applicable therein shall govern this Agreement and the parties hereby irrevocably submit and  attorn to the nonexclusive jurisdiction of the courts of the Province of Ontario with respect to all matters arising out of or in connection with this Agreement and all matters contemplated by this Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes any and all previous discussions and communications. This Agreement is binding upon and inures to the benefit of the successors and assigns of the respective parties hereto. Nothing stated in this Agreement shall be interpreted to construe the parties as partners or joint venturers. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and shall be construed so as to best effectuate the intention of the parties in executing it. Any claims arising in connection with this Service, information available via this website, or your use thereof, must be brought no later than one (1) year after the occurrence of event giving rise to the claim. Your remedies for all claims concerning this Service, website, its information, or use thereof are limited to those expressly set forth in this Agreement.

Privacy Policy:

The Anvil privacy policy is incorporated by reference into this Agreement and any dispute arising from this privacy policy or otherwise will be resolved exclusively in accordance with the terms contained in this Agreement.

Technical Support:

Technical support is only provided via email at info@anvil.pub