ACCESSING THE WEB SITE AND ACCOUNT SECURITY
The Company reserves the right to withdraw or amend the Site, and any service or material provided through the Site, in its sole discretion and without notice to users. The Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. At times, the Company may restrict access to some parts of the Site, or the entire Site, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
The user name and password assigned to you as part of the Company’s security procedures should be treated as confidential, and you should not disclose that information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
Users are responsible for the payment of all fees related to the use of the Site, even if the user closes his or her account through the Site. Users agree to provide valid credit card information, and agree, if and when applicable, to replace the information for any credit card that expires with information for a different valid credit card. Any users making payment with a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, your credit card order cannot be processed, the Company reserves the right to suspend your account until your payment can be processed. All purchases through the Site or other transactions for the sale of goods or services formed through the Site or as a result of visits made by you are governed by the specific terms of the sale agreement between you and the Company.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter or spam or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To post or otherwise circulate any defamatory statements about other users or artists.
- To copy any of the images, artwork, software, or text for any personal or commercial use other than uses provided for in the Site.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or its users or expose either or both to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the Company’s express prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- To circumvent, misappropriate or defame a work of art or any applicable copyright protection maintained by a work of art.
- Otherwise attempt to interfere with the proper working of the Site.
The Company does not claim ownership of any User Materials or your Pikazo that you post on the Site. The Company will not use any User Materials or your Pikazos without your express prior written consent.
CREATING AN ACCOUNT; UPLOADING ARTWORK AND USER MATERIALS
To join or create an account on the Site, you must be at least 13 years old. You will be required to establish a user account by creating a User ID and password or using the sign-in feature. Your User Material must be your original work and you cannot have received compensation for submitting, sharing, or posting your User Material on the Site. You acknowledge that you have the right to submit, share, or post your User Material and your Pikazos. You may withdraw or delete your submission after you post it to the Site as long as you maintain an active user account. Any User Material and Pikazos you post to the Site will be considered non-confidential and non-proprietary.
You represent and warrant that:
- You own or control all rights in and to the User Material and Pikazos, and have the right to grant the License.
- All User Material and Pikazos you post represents your authentic work.
You understand and acknowledge that you are responsible for any User Material and Pikazos you submit, share, post or contribute, and you, not the Company, have and will maintain full responsibility for such User Material and Pikazos, including its legality, reliability, accuracy and appropriateness.
You may not post User Material or Pikazos on the Site that you did not create or that you do not have permission to post. Users and other third parties may transmit or share User Material and Pikazos that you post by embedding User Material or Pikazos into other sites or otherwise share your post in which case your User Name or other identifying mark of the creator of the User Material and Pikazos should, but may not, remain visible in the thumbnail view. You understand that you are responsible to monitor your User Material and Pikazos and their use when shared, including but not limited to the management of copyright infringement of your User Material and ensuring attribution to the creator of the User Material. You understand that when you post User Material or Pikazos, you are solely responsible for adding any copyright statement or other restrictions of use of your post whether by use of a watermark or otherwise. You understand that the Company will not add any copyright statement to your post or any restrictions of use of your post whether by watermark or otherwise and that the Company will not be responsible for any loss or damages to you if you fail to properly copyright or otherwise protect your post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site content, User Material or Pikazos in its sole discretion, for any reason or no reason, including User Material or Pikazos that in the sole judgment of the Company violate this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The Company is not responsible, or liable to any third party, for the content, authenticity, accuracy or quality of any User Material or Pikazos posted by you or any other user of the Site.
These content standards (the “Content Standards”) apply to any and all User Material and Pikazos and the use of Interactive Services. User Material and Pikazos must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Material and Pikazos must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression it emanates from or is endorsed by the Company or any other person or entity.
Rewards and prizes received from the Site constitute taxable income for purposes of federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from the Site, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.
The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of the Company or any agent or employee of the Company. The Company is not responsible for the accuracy of any of the information supplied by bloggers. The Company is not responsible for any offense caused inadvertently through interpretation of grammar, punctuation, or language. Bloggers must only use the English language.
MONITORING, ENFORCEMENT AND TERMINATION
The Company and its representatives and agents shall have the right to:
- Remove or refuse to post any User Material or Pikazos for any or no reason in its sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, the Company shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Company cannot review all User Material or Pikazos before they are posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action, delay, or inaction regarding transmissions, communications or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance, delay, or nonperformance of the activities described in this section.
If you believe that any User Material or Pikazo violates your copyright, please notify the Company at email@example.com. It is within the Company’s discretion to terminate user accounts.
RELIANCE ON INFORMATION POSTED; ART GENERALLY
The information presented on or through the Company is made available solely for your use of the Site. The Company does not warrant the accuracy, completeness or usefulness of this information or any of the material posted by the Company or its users. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user of the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You acknowledge and agree that the Site encourages freedom expression through the creation and use of digital artwork, and that any determinations of beauty, appropriateness, or other determinations with respect to content on the Site are in the “eye of the beholder.”
CHANGES TO THE SITE CONTENT
The Company may update the content available on the Site, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and the Company is under no obligation to update such material.
INFORMATION COLLECTED FROM THE SITE USERS
LINKING TO THE COMPANY AND SOCIAL MEDIA FEATURES
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage the Company or the Company’s reputation or take advantage of the same, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by the Company without express written consent.
The Company may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
- Share your Pikazo.
You may use these features solely as they are provided by the Site, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions the Site provides with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
You agree to cooperate with the Company in causing any unauthorized framing or linking immediately to cease. The Company reserves the right to withdraw linking permission without notice. The Company may disable all or any social media features and any links at any time without notice for any or no reason.
THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY WEBSITES
In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or other users or sponsors of the Site or the Company. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party, including all payments and claims (of any kind or nature including claims of identity theft or unauthorized transactions) relating to payment therefor. You hereby acknowledge that payments are not being directly paid to the Company, but rather through a third party credit card processing agency. You agree that the Company has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit card, Paypal, or other types of payments from you.
The Company and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to the Site.
The Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by the Company. Such links do not constitute an endorsement by the Company of any such websites. You acknowledge that the Company is providing these links to you only as a convenience, and you agree that the Company is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Site, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.
You agree that the Company shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals, including, without limitation, loss or damage resulting from shipping goods via third party shipping providers. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release, indemnify, and hold harmless the Company, its agents, employees, successors and assigns, from any and all liability associated with or resulting from such dispute.
INACCURACIES OR ERRORS
The User Material, your Pikazo, descriptions, pictures and other representations of products, places, or other photographed content on the Site may contain inaccuracies and errors. The Company does not make any warranty or representation with respect to the accuracy or completeness of any such information.
TRADEMARKS AND IMAGES
DISCLAIMER OF WARRANTIES
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE, SOFTWARE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, LICENSEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING THE CREATION OF YOUR PIKAZO, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Submissions of art and unauthorized use of any materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold the Company and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions of artwork or comments relating to artwork) violates any applicable law or regulation, or the rights of any third party.
GOVERNING LAW, JURISDICTION AND RESOLUTION OF CLAIMS
The Company controls and operates the Site from its headquarters in the United States of America and makes no representation that the content, goods, or services are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies, or other entities located in the United States of America. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
Please send any comments, questions, or concerns to firstname.lastname@example.org.
Last Modified: June 2016
© 2016. Pikazo, Inc. All rights reserved.