Limitation of Liability
Selfie2Anime and the other Selfie2Anime Parties will not be liable to you under any theory of
liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for
any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits,
even if Selfie2Anime or the other Selfie2Anime Parties have been advised of the possibility of such
The total liability of Selfie2Anime and the other Selfie2Anime Parties, for any claim arising out of
or relating to these Terms or our Services, regardless of the form of the action, is limited to the
amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross
negligence, fraud, or intentional misconduct of Selfie2Anime or the other Selfie2Anime Parties or
for any other matters in which liability cannot be excluded or limited under applicable law.
Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to you.
We do not control, endorse, or take responsibility for any User Content or third-party content
available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available”
without warranties of any kind, either express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In addition, Selfie2Anime does not represent or warrant that our Services are accurate, complete,
reliable, current, or error-free. While Selfie2Anime attempts to make your access to and use of our
Services safe, we cannot and do not represent or warrant that our Services or servers are free of
viruses or other harmful components. You assume the entire risk as to the quality and performance of
HOW WE STORE YOUR INFORMATION
Your information collected through the Service may be stored and processed in Australia or any other
country in which Selfie2Anime, its Affiliates or Service Providers maintain facilities.
Selfie2Anime, its Affiliates, or Service Providers may transfer information that we collect about
you, including personal information across borders and from your country or jurisdiction to other
countries or jurisdictions around the world. If you are located in the European Union or other
regions with laws governing data collection and use that may differ from Australian law, please note
that we may transfer information, including personal information, to a country and jurisdiction that
does not have the same data protection laws as your jurisdiction.
By registering for and using the Service you consent to the transfer of information to Australia or
to any other country in which Selfie2Anime, its Affiliates or Service Providers maintain facilities
We use commercially reasonable safeguards to help keep the information collected through the Service
secure. However, Selfie2Anime cannot ensure the security of any information you transmit to
Selfie2Anime or guarantee that information on the Service may not be accessed, disclosed, altered,
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and
claims with Selfie2Anime and limits the way you can seek relief from us.
Except for small claims disputes in which you or Selfie2Anime seek to bring an individual action in
small claims court located in the state of your billing address or disputes in which you or
Selfie2Anime seeks injunctive or other equitable relief for the alleged unlawful use of intellectual
property, you and Selfie2Anime waive your rights to a trial and to have any dispute arising out of
or related to these Terms or our Services resolved in court.
Instead, all disputes arising out of or relating to these Terms or our Services will be resolved
through confidential binding arbitration held in Western Australia in accordance with the
International Chamber of Commerce (“ICC”) Rules of Arbitration (“ICC Rules”), which are available on
the ICC website and hereby incorporated by reference. You either acknowledge and agree that you have
read and understand the ICC Rules or waive your opportunity to read the ICC Rules and any claim that
the ICC Rules are unfair or should not apply for any reason.
You and Selfie2Anime agree that any dispute arising out of or related to these Terms or our Services
is personal to you and Selfie2Anime and that any dispute will be resolved solely through individual
arbitration and will not be brought as a class arbitration, class action or any other type of
You and Selfie2Anime agree that these Terms affect interstate commerce and that the enforceability of
this agreement will be substantively and procedurally governed by the Australian International
Arbitration Act 1974 (Cth) (“Arbitration Act”) to the maximum extent permitted by applicable
As limited by the Arbitration Act, these Terms and the ICC Rules, the arbitrator will have exclusive
authority to make all procedural and substantive decisions regarding any dispute and to grant any
remedy that would otherwise be available in court; provided, however, that the arbitrator does not
have the authority to conduct a class arbitration or a representative action, which is prohibited by
The arbitrator may only conduct an individual arbitration and may not consolidate more than one
individual’s claims, preside over any type of class or representative proceeding, or preside over
any proceeding involving more than one individual.
You and Selfie2Anime agree that for any arbitration you initiate, you will pay the will fees and
costs of Arbitration. For any arbitration initiated by Selfie2Anime, Selfie2Anime will pay the fees
and costs of Arbitration.
You and Selfie2Anime agree that the Federal Courts of Australia of have exclusive jurisdiction over
any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR
AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND
SELFIE2ANIME WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted
the terms of this Section 15 by notifying Selfie2Anime in writing. The notification must be sent to:
To be effective, the opt out notice must include your full name and clearly indicate your intent to
opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve
Disputes in accordance with Section 16.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age
(or the age of legal majority where you live), you may only access or use our Services under the
supervision of a parent or legal guardian who agrees to be bound by these Terms.
If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority),
you agree to be fully responsible for the acts or omissions of such user in connection with our
If you are accessing or using our Services on behalf of another person or entity, you represent that
you are authorised to accept these Terms on that person or entity’s behalf and that the person or
entity agrees to be responsible to us if you or the other person or entity violates these Terms.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property, or other third-party right
or commit a tort, and you are solely responsible for your conduct while accessing or using our
You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and
Use our Services in any manner that could interfere with, disrupt, negatively affect, or
inhibit other users from fully enjoying our Services or that could damage, disable,
overburden, or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or
bypass or circumvent measures employed to prevent or limit access to any part of our
Attempt to circumvent any content-filtering techniques we employ or attempt to access any
feature or area of our Services that you are not authorised to access;
Develop or use any third-party applications that interact with our Services without our prior
written consent, including any scripts designed to scrape or extract data from our
Use our Services for any illegal or unauthorised purpose, or engage in, encourage, or promote
any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all
necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or
Would constitute, encourage, or provide instructions for a criminal offense, violate the
rights of any party, or otherwise create liability or violate any local, state, national or
May infringe any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party;
Contains or depicts any statements, remarks, or claims that do not reflect your honest views
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising, or
Contains any private or personal information of a third party without such third party’s
Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from
using or enjoying our Services, or that may expose Selfie2Anime or others to any harm or
liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or
remove User Content at any time and for any reason.
INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
- User Content (e.g., photos and other materials) that you post through the Service.
Communications between you and Selfie2Anime. For example, we may send you Service-related emails
(e.g., changes/updates to features of the Service, technical and security notices). Note that
you may not opt out of Service-related e-mails.
- User Content (e.g., photos and other materials) that you post through the Service.
- We use third-party analytics tools to help us measure traffic and usage trends for the Service.
These tools collect information sent by your device or our Service, including the web pages you
visit, add-ons, and other information that assists us in improving the Service. We collect and
use this analytics information with analytics information from other Users so that it cannot
reasonably be used to identify any individual User.
- We use third-party analytics tools to help us measure traffic and usage trends for the Service.
Cookies and similar technologies:
beacons, and local storage to collect information about how you use Selfie2Anime and provide
features to you.
We may ask advertisers or other partners to serve ads or services to your devices, which may
Log file information:
Log file information is automatically reported by your browser each time you make a request
to access (i.e., visit) a web page or app. It can also be provided when the content of the
webpage or app is downloaded to your browser or device.
When you use a mobile device like a tablet or phone to access our Service, we may access,
collect, monitor, store on your device, and/or remotely store one or more “device
identifiers”. Device identifiers are small data files or similar data structures stored on
or associated with your mobile device, which uniquely identify your mobile device. A device
identifier may be data stored in connection with the device hardware, data stored in
connection with the device’s operating system or other software, or data sent to the device
A device identifier may deliver information to us or to a third-party partner about how you
browse and use the Service and may help us or others provide reports or personalized content
and ads. Some features of the Service may not function properly if use or availability of
device identifiers is impaired or disabled.
Metadata is usually technical data that is associated with User Content. For example,
Metadata can describe how, when and by whom a piece of User Content was collected and how
that content is formatted.
Users can add or may have Metadata added to their User Content including a hashtag (e.g., to
mark keywords when you share a photo) or other data.
SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside Selfie2Anime (or the group of
companies of which Selfie2Anime is a part) without your consent, except as Parties with whom we may
share your information in this Policy.
Parties with whom we may share your information:
We may share User Content and your information (including but not limited to, information
from cookies, log files, device identifiers, location data, and usage data) with businesses
that are legally part of the same group of companies that Selfie2Anime is part of, or that
become part of that group (“Affiliates”).
Affiliates may use this information to help provide, understand, and improve the Service
(including by providing analytics) and Affiliates’ own services (including by providing you
with better and more relevant experiences). But these Affiliates will honour the choices you
make about who can see your photos.
We also may share your information as well as information from tools like cookies, log files,
and device identifiers and location data, with third-party organizations that help us
provide the Service to you (“Service Providers”).
Our Service Providers will be given access to your information as is reasonably necessary to
provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising
partners. This information would allow third-party ad networks to, among other things,
deliver targeted advertisements that they believe will be of most interest to you.
We may remove parts of data that can identify you and share anonymized data with other
We may also combine your information with other information in a way that it is no longer
associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content:
i. Any information or content that you voluntarily process with the Service, such as User Content,
becomes available to the Selfie2Anime anonymously.
If we sell or otherwise transfer part or the whole of Selfie2Anime or our assets to another
organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy,
dissolution, liquidation), your information such as User Content and any other information collected
through the Service may be among the items sold or transferred. You will continue to own your User
Content. The buyer or transferee will have to honour the commitments we have made in this Privacy
We may access, preserve, and share your information in response to a legal request (like a search
warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so.
This may include responding to legal requests from jurisdictions outside of Australia where we have
a good faith belief that the response is required by law in that jurisdiction, affects users in that
jurisdiction, and is consistent with internationally recognized standards.
We may also access, preserve, and share information when we have a good faith belief it is necessary
detect, prevent, and address fraud and other illegal activity;
to protect ourselves, you, and others, including as part of investigations; and
to prevent death or imminent bodily harm.
Information we receive about you may be accessed, processed, and retained for an extended
period when it is the subject of a legal request or obligation, governmental investigation,
or investigations concerning possible violations of our terms or policies, or otherwise to
Our Services may allow you and other users to create, post, store and share content, including
messages, text, photos, videos, software, and other materials (collectively, “User Content”).
Except for the license you grant below, you retain all rights in and to your User Content, as between
you and Selfie2Anime.
Selfie2Anime does not claim ownership of any User Content that you post on or through the
You grant Selfie2Anime a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid,
transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, publicly perform and display your User Content and any name,
username or likeness provided in connection with your User Content in all media formats and channels
now known or later developed, without compensation to you.
When you post or otherwise share User Content on or through our Services, you understand that your
User Content and any associated information (such as your location or photographs) will be visible
to the public.
You grant Selfie2Anime consent to use the User Content, regardless of whether it includes an
individual’s name, likeness, voice, or persona, sufficient to indicate the individual’s
By using the Services, you agree that the User Content may be used for commercial purposes. You
further acknowledge that Selfie2Anime’s use of the User Content for commercial purposes will not
result in any injury to you or to any person you authorised to act on its behalf.
You acknowledge that some of the Services are supported by advertising revenue and may display
advertisements and promotions, and you hereby agree that Selfie2Anime may place such advertising and
promotions on the Services or on, about, or in conjunction with your User Content.
The manner, mode and extent of such advertising and promotions are subject to change without specific
notice to you. You acknowledge that we may not always identify paid services, sponsored content, or
commercial communications as such.
You represent and warrant that:
you own the User Content modified by you on or through the Services or otherwise have the
right to grant the rights and licenses set forth in these Terms;
you agree to pay for all royalties, fees, and any other monies owed by reason of User Content
you stylize on or through the Services; and
you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not create, post, store or share any User Content that violates these Terms or for which you
do not have all the rights necessary to grant us the license described above.
Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User
Content at any time and for any reason.
User Content removed from the Services may continue to be stored by Selfie2Anime, including, without
limitation, to comply with certain legal obligations.
Selfie2Anime is not a backup service and you agree that you will not rely on the Services for the
purposes of User Content backup or storage. Selfie2Anime will not be liable to you for any
modification, suspension, or discontinuation of the Services, or the loss of any User Content.
Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade
dress, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters,
user generated filters and other content contained therein (collectively, the “Selfie2Anime
Content”) are owned by or licensed to Selfie2Anime and are protected under both Australian and
foreign laws. Except as explicitly stated in these Terms, Selfie2Anime and our licensors reserve all
rights in and to our Services and the Selfie2Anime Content.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to access and use our Services and Selfie2Anime Content for your own personal use; however,
such license is subject to these Terms and does not include any right to:
sell, resell, or commercially use our Services or Selfie2Anime Content;
copy, reproduce, distribute, publicly perform, or publicly display Selfie2Anime Content,
except as expressly permitted by us or our licensors;
modify the Selfie2Anime Content, remove any proprietary rights notices or markings, or
otherwise make any derivative uses of our Services or Selfie2Anime Content, except as
expressly set forth in these Terms;
use any data mining, robots or similar data gathering or extraction methods; or
use our Services or Selfie2Anime Content other than as expressly provided in these Terms.
Any use of our Services or Selfie2Anime Content other than as specifically authorised herein, without
our prior written permission, is strictly prohibited and will terminate the license granted under
these Terms. You will not remove, alter, or conceal any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Selfie2Anime Content.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless
Selfie2Anime and each of our respective officers, directors, agents, partners and employees
(individually and collectively, the “Selfie2Anime Parties”) from and against any loss, liability,
claim, demand, damages, expenses or costs (“Claims”) arising out of or related to
your access to or use of our Services;
your User Content or Feedback;
your violation of these Terms;
your violation, misappropriation, or infringement of any rights of another (including
intellectual property rights or privacy rights); or
your conduct in connection with our Services.
You agree to promptly notify Selfie2Anime Parties of any third-party Claims, cooperate with
Selfie2Anime Parties in defending such Claims and pay all fees, costs and expenses associated with
defending such Claims (including, but not limited to, our chosen law firms’ professional costs and
You also agree that the Selfie2Anime Parties will have control of the defence or settlement of any
third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set
forth in a written agreement between you and Selfie2Anime or the other Selfie2Anime Parties.
To the fullest extent permitted by applicable law, you release Selfie2Anime and the other
Selfie2Anime Parties from responsibility, liability, claims, demands, and/or damages (actual and
consequential) of every kind and nature, known and unknown (including, but not limited to, claims of
negligence), arising out of or related to disputes between users and the acts or omissions of third
You expressly waive any rights you may have under the Australian Consumer Law as established under
Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth) as well as any other statute or
common law principles that would otherwise limit the coverage of this release to include only those
claims which you may know or suspect to exist in your favour at the time of agreeing to this