Last Updated: July 28, 2021
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
a. User: a person or entity that visits this site (“Ana A Raisin”) and uses its Services.
b. Subscriber / Follower: any person or entity on your Distribution List.
c. Distribution List: a list of Subscribers and all data related to those Subscribers.
d. You (capitalised or otherwise): a User or a Subscriber/Follower.
e. Site: refers to “Ana A Raisin” (anaaraisin.com) and may also be referred to as “we”, “us”, or “our”.
f. Service: refers to our Site.
g. Personal Data / Information: any information relating to an identified or identifiable natural person.
h. Original Content: any audio, video, text, photographs, or graphics on this Site that were created by Ana A Raisin.
i. Third Party Content: any audio, video, text, photographs, or graphics on this Site that were created or owned by another person or entity (this will normally be indicated).
j. Mark(s): any trademarks, service marks, headers or backgrounds, profile picture, or logos on this Site.
k. Contributions: any text, writings, video, audio, photographs, graphics, comments, suggestions, or personal Information or other material provided by Users, Followers, or other people that may be created, submitted, posted, transmitted, performed, published, distributed, or broadcast to us or on this Site.
l. Submissions: Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, Users who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
3. Can You use the Content (text, photos, graphics, etc.) on our Site?
In Short: The rules regarding the use of Content on this site vary depending on whether it is Original Content or Third Party Content. The Original Content on this Site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. For Third Party Content, it is YOUR responsibility to search for and comply with any attribution requirements such content may have. Use of any Marks on this Site is expressly PROHIBITED.
Unless otherwise indicated, the Site is our proprietary property and all audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, headers, profile picture, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
IF YOU ARE UNSURE WHETHER THE CONTENT YOU WISH TO USE IS ORIGINAL CONTENT OR THIRD PARTY CONTENT, CONTACT US USING THE CONTACT FORM PROVIDED BELOW.
You may share — copy and redistribute the material in any medium or format.
- You may adapt — remix, transform, and build upon the material
- You MUST give appropriate credit, provide a link to the post or page, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- You may NOT use the material commercial purposes.
- If you remix, transform, or build upon the material, you must distribute you contributions under the same license as the original.
- You may NOT apply legal terms or technological measures that legally restrict others form doing anything the license permits.
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
No warranties are given. The license may not give you all of the permissions necessary for your intended use (e.g., other rights such as publicity, privacy, or moral rights may limit how you use the material).
If these terms are not followed or respected, our Site’s Original Content is provided “AS IS” for your information and personal use only. In such cases where appropriate credit is not given and links are not provided, our Original Content is NOT to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited in any way whatsoever.
Third Party Content
Third Party Content on this Site may have other terms governing their use. It is YOUR responsibility to search for and comply with any attribution requirements that such Content may have. Appropriate attribution – a name and/or link – is typically attached to any Third Party Content on our Site. Please use this to inform yourself.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your irresponsibility regarding the appropriate usage of Third Party Content. As with the use of any Content on the Internet, You should use your best judgement and exercise caution where appropriate.
Use of any Marks (i.e., trademarks, service marks, headers or backgrounds, profile picture, or logos) on our Site is expressly prohibited.
4. User representations
By using the Site, you represent and warrant that:
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Site for any illegal or unauthorised purpose; and
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or refuse any and all current or future use of the Site (or any portion thereof).
5. Prohibited activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a User of the Site, you agree not to:
- Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitation on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse of misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing or linking to the Site.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another User, person, this Site, or the owner or employees of this Site.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gif”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to You.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise, especially if this refers to the Original Content of this Site.
6. User-generated contributions
This Site may provide you with the opportunity to create, submit, post, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal Information or other material (collectively, “Contributions”).
When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. Contribution license
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We will maintain your anonymity upon request.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any areas on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal actions against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submission for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. Site management
We reserve the right, but not the obligation, to:
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
If we terminate or suspend your access to or usage of the Site for any reason, you are prohibited from doing so using a fake or borrowed name, or in the name or on behalf of any third party. In addition to terminating or suspending your access to or usage of the Site, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Modifications and interruptions
We reserve the right to change, modify, or remove the Content of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change (if any), suspension, or discontinuance of the Site.
12. Governing law
13. For European Union (EU) Users
If you are a European Union Users, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
14. United States legal compliance
You represent and warrant that:
- You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and
- You are not listed on any United States government list of prohibited or restricted parties.
15. Dispute resolution
If you have any concern or dispute about the Site or Service, you agree to first try to resolve the dispute informally by contacting the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing (if any), availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
17. “AS IS” and “AS AVAILABLE” Disclaimer
The Site is provided on an “AS IS” and “AS AVAILABLE” basis, and with all faults and defects without warranty of any kind. You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, statutory or otherwise, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limitation to the foregoing, the Site provides no warranty or undertaking, makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
The Site make no warranties or representations about the accuracy or completeness of the Site’s Content or the content of any sites linked to the Site and we will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of Content and materials;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
- Any unauthorised access to or use of our secure servers and/or any and all Personal Data and/or financial information stored therein (if any);
- Any interruption or cessation of transmission to or from the Site;
- Any bugs, viruses, trojan horses, worms, malware, timebombs, or the like which may be transmitted to or through the Site by any third party; and
- Any errors or omission in any Content or materials or for any loss or damage fo any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Site.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a User, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitation set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Links to other sites
Our Service may contain links to third-party sites or services that are not owned or controlled by our Site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked site, or any site or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use your best judgement and exercise caution where appropriate.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any use sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party sites or services that you visit.
18. Limitations of liability
In no event will be or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of Data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the entire liability of our Site to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any.
To the maximum extent permitted by applicable law, in no event shall the Site or its suppliers by liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, but is not limited to:
- Damages or loss of profits;
- Loss of data or other Information;
- For business interruption, for personal injury;
- Loss of privacy arising out of or in any way related to the use of or inability to use the Service;
- Third-party software and/or third-party hardware used with the Service; or
- Otherwise in connection with any provision of these Terms.
Certain US state laws and international laws do not allow limitation on implied warranties or the exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitation may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Use of the Site;
- Your violation of the rights of a third party, including but not limited to intellectual property rights; or
- Any overt harmful act toward any other User of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable effort to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. User data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
You hereby waive any rights or requirements under any statues, regulations, rules, ordinance, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. Translation and interpretation
24. Do we make updates to this Terms?
25. How to contact us about these Terms?