Updates to Terms. MASScanvas reserves the right to update or change these Terms at any time by posting the most current version of the Termson the Site. MASScanvas will provide notice of changes to the Termsby posting the new Termson the Site with a new Effective Date shown. All such changes in the Termsshall be effective from the Effective Date set when it is posted on the Site. Your continued use of the MASScanvas Applications after we post any changes to the Termssignifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the MASScanvas Applications.
Electronic Form. By accessing the MASScanvas Applications you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy.You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: MASScanvas, 2221 Park Place, El Segundo CA 90245.
HOW YOU CAN USE THE SERVICES.
The MASScanvas Applications and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site or MASScanvas Applications, in any medium, without MASScanvas' prior written consent, or (ii) alter or modify any part of the Site or MASScanvas Applications other than as may be reasonably necessary to use the Site or MASScanvas Applications for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, MASScanvas Applications, or to manipulate the Site, MASScanvas Applications or the Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or MASScanvas Applications or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. Facebook Requirements.MASScanvas is not responsible in the event that you are no longer able to access the Services or MASScanvas Application through Facebook as a result of a violation for failure to comply with Facebook's guidelines. Additionally, MASScanvas is not responsible in the event that you are no longer able to access the MASScanvas Application due to your account on Facebook being suspended, blocked, closed or terminated for any reason whatsoever.
Communication Services. The Services may contain bulletin board services, chat areas or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages or designs and material that are proper and, when applicable, related to the particular Communication Service ("User Content"). MASScanvas has no obligation to monitor the User Content. However, MASScanvas reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. MASScanvas reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, and other communications by users are not controlled or endorsed by MASScanvas, and such communications shall not be considered reviewed, screened or approved by MASScanvas. User Content, including statements made in through the Communications Services reflect only the views of their authors. MASScanvas specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers or hosts of Communications Services are not authorized MASScanvas spokespersons, and their views do not necessarily reflect those of MASScanvas.
MASScanvas representatives may monitor your User Content on the MASScanvas Applications. But we cannot monitor all of the User Content on the MASScanvas Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
By using the Communication Services and submitting User Content to the MASScanvas Applications, you grant to MASScanvas, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the MASScanvas Applications a non-exclusive license to access your User Content as permitted through the functionality of the MASScanvas Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. MASScanvas is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Posting Requirements.
User Posting Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs which contain any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials in this manner.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the MASScanvas Applications or Services or other users’ computers.
Except as expressly authorized by MASScanvas, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
Falsify, delete or disable any copyright management information, such as 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.
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited.
Encourage behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
Impersonate or create a false identity (such as a celebrity or MASScanvas representative) for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
Improperly use support or complaint buttons or make false reports to MASScanvas administrators.
Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Use the Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
The MASScanvas Applications and all material published on the MASScanvas Applications, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by MASScanvas or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. MASScanvas owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the MASScanvas Applications. MASScanvas and its logos are trademarks of Lock 77, LLC and are protected by state and federal laws. Content on the MASScanvas Applications is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without MASScanvas' prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the MASScanvas Applications or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
MASScanvas has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the MASScanvas Applications which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the MASScanvas Applications or the Service. If you believe any materials on the MASScanvas Applications or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
MASScanvas - Legal Department
2221 Park Place
El Segundo, CA 90245
No License Granted. Except for allowing you to use the MASScanvas Applications for your personal use as set forth in the paragraph above, when you use the MASScanvas Applications, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of MASScanvas. You understand that you have no rights to the services or any other MASScanvas property except as we indicate in these terms.
Links. The MASScanvas Applications may provide links to other web MASScanvas Applications or resources. Because MASScanvas has no control over such MASScanvas Applications and resources, you acknowledge and agree MASScanvas is not responsible for the availability of such external MASScanvas Applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such MASScanvas Applications or resources. You further acknowledge and agree that MASScanvas 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 use of or reliance on any such content, goods or services available on or through any such MASScanvas Applications or resource.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the MASScanvas Applications and agree to indemnify and hold MASScanvas, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to any products or services purchased by you in connection with the MASScanvas Applications or the Services and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the MASScanvas Applications, or your violation of either these Terms, applicable law or the rights of any third party.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE MASSCANVAS APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE MASSCANVAS APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE MASSCANVAS APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE MASSCANVAS APPLICATIONS OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MASSCANVAS MAKES NO WARRANTY THAT THE MASSCANVAS APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MASSCANVAS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE MASSCANVAS APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE MASSCANVAS APPLICATIONS IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE MASSCANVAS APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE MASSCANVAS APPLICATIONS AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MASSCANVAS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE MASSCANVAS APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE MASSCANVAS APPLICATIONS AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MASSCANVAS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE MASSCANVAS APPLICATIONS OR THE SERVICES, EVEN IF MASSCANVAS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MASSCANVAS’ LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR MASSCANVASS’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID BY THE COMPLAINANT TO MASSCANVAS OR $50.
Termination. We can suspend your access to the MASScanvas Applications or the Services, in whole or in part, at any time, immediately and without notice if, at MASScanvas' sole discretion, you fail to comply with any of the Terms. Upon termination, you must destroy all materials obtained from this MASScanvas Applications and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the MASScanvas Applications or the Services, and the restrictions imposed on you with respect to any materials downloaded from the MASScanvas Applications or the Services and the disclaimers and limitations of liabilities set forth in the Termsshall survive. You understand and agree that your membership in MASScanvas is subject to and conditioned upon the following: Your continued adherence to these Termsand any future modifications thereto. Your violation of these Terms, or any other agreement between you and MASScanvas constitute grounds for immediate termination of your access without further notice at MASScanvas' sole discretion. MASScanvas reserves the right to change, discontinue or suspend MASScanvas or any of the Services at any time for any reason. MASScanvas shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. You agree that we may terminate, modify, discontinue or abandon the MASScanvas Applications with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity, Disclaimer of Warranties, Liability Limitations, Termination, Privacy, Governing Law/Disputes, No Third Party Beneficiaries and Entire Agreementwill survive any such termination.
Children: You must be over the age of 13 to use the Service or access any MASScanvas Applications.
Governing Law/Disputes. By accessing MASScanvas Applications, you agree that the laws of the State of California, without regard to its conflict of laws principles, govern these Terms and any dispute of any sort that might arise between you and Lock 77, LLC.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.