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Terms & Conditions

Effective: August 14, 2018


Please carefully read the following Terms of Service ("Terms") before using the PopCanvas services, including the website, applications and APIs (the "Service"). By accessing and using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Service or any of its content.

YOUR ACCESS TO AND USE OF THE SERVICE ARE SUBJECT TO ALL OF THE TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SERVICE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Service after that date. Each time you access or use the Service you signify your acceptance of the then-current Terms.


PERMITTED USERS

The Service is not directed to person under the age of 13. PopCanvas does not knowingly collect information from persons under the age of 13. If you are under age 13, you are not permitted to use this Service or to submit any personally identifiable information to the Service.


PRIVACY POLICY

Please review the Privacy Policy for the Service. If you do not agree with the Privacy Policy you may not use the Service.


PROPRIETARY RIGHTS

You acknowledge and agree that, as between PopCanvas and you, all right, title, and interest in and to the Service, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by PopCanvas or its licensors and are protected by United States intellectual property laws and other applicable laws.


COPYRIGHT

All content included in or appearing on the Service, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials (excluding User Content), is the copyright and property of PopCanvas or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Service for the sole purpose of placing an order on the Service; using the Service as a resource; or using the Service for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Service, is strictly prohibited.


TRADEMARKS

The trademarks, service marks, logos, slogans, trade names and trade dress used on the Service are proprietary to PopCanvas. Unauthorized use of any trademark of PopCanvas may be a violation of trademark laws. Any third party names or trademarks referenced in the Service do not constitute or imply affiliation, endorsement or recommendation by PopCanvas or of PopCanvas by the third parties.


INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD POPCANVAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SERVICE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF POPCANVAS OR ANY THIRD PARTY.


PROHIBITED ACTIONS

You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and PopCanvas reserves the right to determine what types of conduct it considers to be inappropriate use of the Service. In the case of inappropriate use, PopCanvas may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  1. Use the Service or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
  2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  3. Take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure or otherwise in a manner that may adversely affect performance of the Service or restrict or inhibit any other user from using and enjoying the Communication Service or the Service.
  4. Use the Service for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Service.
  5. Aggregate, copy, duplicate, publish, or make available to third parties outside the Service in any manner any of the Content or any other materials or information available from the Service.
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
  9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  10. Use the Service to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
  11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  13. Engage in any other action that, in the judgment of PopCanvas, exposes it or any third party to potential liability or detriment of any type.

USER CONTENT

Any content posted, shared, transmitted or otherwise made available by users through the Service ("User Content") is strictly the property of the originating author, who is solely responsible for its content. Use of or reliance on User Content is entirely at your own risk. PopCanvas does not endorse any User Content nor vouch for its reliability. Under no circumstances will PopCanvas be liable in any way for any User Content.

You acknowledge that PopCanvas may or may not pre-screen User Content, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Content that is available via the Service. Without limiting the foregoing, PopCanvas and its designees have the right to remove any User Content that violates these Terms or is otherwise objectionable in PopCanvas's sole discretion. PopCanvas shall have no liability for such removal.

You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Content posted by others. You further acknowledge and agree that you will not rely on any User Content available on or through the Service.


SUBMISSIONS

You are solely responsible for the User Content that you post, share, email, transmit or otherwise make available via the Service ("Submissions"). All Submissions are subject to these Terms. PopCanvas is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is your own original work and does not infringe any other person's or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning PopCanvas's or its designees' use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.

By making a Submission, you grant PopCanvas and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in PopCanvas's discretion, on the Service or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.


CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

PopCanvas may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PopCanvas's Copyright Agent a Notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Service (providing URL(s) in the body of an email is the best way to help PopCanvas locate content quickly);
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

PopCanvas's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Mailing Address:

207 Main Street
Third Floor
Stamford, CT 06901
Telephone: (855) 888-6488

Email: copyright@popcanvas.co


LINKS TO OTHER WEBSITES

The Service may contain links to websites operated by other parties. The Service provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of PopCanvas and PopCanvas is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other Service and PopCanvas disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that PopCanvas shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other Service or resource.


LINKS TO THE SERVICE

You may link another website to the Service subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of PopCanvas or the Service; (ii) the appearance, position and other attributes of the link may not create the false appearance that your website, business, organization or entity is sponsored by, affiliated with, or associated with PopCanvas or the Service; (iii) when selected by a user, the link must display the Service on full-screen and not within a "frame" on the linking website; and (iv) PopCanvas reserves the right to revoke its consent to the link at any time and in its sole discretion.


MODIFICATIONS TO SERVICE

PopCanvas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any portion thereof, with or without notice. You agree that PopCanvas shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.


SUSPENSION AND TERMINATION RIGHTS

PopCanvas reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Service for any reason or no reason, including without limitation any breach by you of these Terms. You agree that PopCanvas shall not be liable to you or any third party for any such suspension or termination.


DISCLAIMER

THE SERVICE AND CONTENT AND THE INFORMATION, SERVICE, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SERVICE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPCANVAS AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICE, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.


LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPCANVAS AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICE, PRODUCTS AND MATERIALS AVAILABLE FROM THE SERVICE. IN NO EVENT SHALL POPCANVAS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF POPCANVAS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICE SHALL NOT EXCEED FIFTY DOLLARS (U.S.).


EXCLUSIONS AND LIMITATIONS

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.


GOVERNING LAW AND DISPUTES

These Terms shall be governed by, and will be construed under, the laws of the State of Delaware, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts in the State of Delaware, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, PopCanvas, the Service or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

The Service is controlled within the United States of America. Those who choose to access the Service from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. PopCanvas does not represent that the Service or Content are appropriate outside the United States of America.


FORCE MAJEURE

PopCanvas shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.


MISCELLANEOUS

These Terms set forth the entire understanding and agreement between you and PopCanvas with respect to the subject matter hereof. 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 shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. PopCanvas's failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of PopCanvas, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.