TRANSFOR DIGITAL MEDIA MARKETING d/b/a CANVASPEOPLE (“TRANSFOR” or “Company”) is hereby providing You access to and use of this website (the “Website”) subject to and on the express condition that You agree to the terms and conditions of use set forth below, and any other terms and conditions which may exist otherwise on the Website or in relation to promotions, contests or sweepstakes conducted on the Website (collectively the “Terms”).
Acceptance of Terms.
Right to Modify Terms.
TRANSFOR reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes in the Terms will be posted on the Website. Your continued use of and access to the Website after such amendment or modification constitutes Your acceptance of any amendments or modifications to the Terms.
In order to access the Website, TRANSFOR may require You to complete a registration process, which may include, without limitation, Your providing complete and accurate information requested on a registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of someone else at any time. You agree to notify TRANSFOR immediately of any unauthorized use of Your account, user name, or password. TRANSFOR shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by TRANSFOR, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
You grant TRANSFOR a non-exclusive, transferable, sublicensable, worldwide license to reproduce, distribute, display, modify, transform, adapt, publicly perform, transmit, post, download, and/or otherwise use the materials You post or upload to the Website. Without limiting the generality of the foregoing, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, You grant TRANFOR, its affiliates, officers, directors, employees, consultants, agents, and representatives the license described above, including a license to use User Content in connection with the operation of the business of TRANSFOR, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Website, You warrant and represent that You own the rights to the User Content, including, without limitation, all copyrights, trademarks, rights of publicity, and related rights or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content by express license of the owner thereof.
Accuracy of Advice.
TRANSFOR does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk.
Intellectual Property Rights.
The Website is protected by copyright as a literary work, audio-visual work, collective work and/or compilation, or a combination thereof, pursuant to U.S. copyright laws, international conventions and treaties, and other copyright laws. All information and content contained on the Website, including, but not limited to trademarks, graphics, images, and logos are protected by US and international trademark laws, and are owned or controlled by TRANSFOR or the party credited as the provider of the same. You will comply with any and all additional copyright notices, information, or restrictions contained in any content on the Website. The copying or storing of any and all content on the Website, including, text, graphics, photographs, images, data, audio-visuals material or sound for other than personal or noncommercial use is expressly prohibited without the express written consent of TRANSFOR or the copyright holder identified in the individual content’s copyright notice. The use of any trademarks displayed on the Website for commercial purposes without the express written consent of TRANSFOR is strictly prohibited.
Changes to Website.
TRANSFOR may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. TRANSFOR may also impose limits on certain features and services or restrict Your access to parts or the entire Website without notice or liability.
Limited Use License.
TRANSFOR grants You a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to: (1) frame or enclose the Website or any portion thereof; (2) republish, distribute, display, or sub-license the Website or any content thereon; and/or (3) create any derivative works based upon either the Website or any content thereon. This limited license may be terminated in TRANSFOR’s sole discretion immediately upon any unauthorized use by You of the Website or any and/or all of TRANSFOR’s content.
Sweepstakes; Contests; Promotions.
TRANSFOR may promote, via the Website, sweepstakes, contests or other types of promotions that will be governed by special rules in addition to these Terms. Your participation in such promotions constitutes acceptance of all applicable terms.
You represent, warrant and covenant that: (a) You shall not upload, post or transmit to, or distribute, or otherwise publish to or through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e. Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) You will not redistribute content to anyone, nor will You permit any minor, or anyone who would find the content offensive, to view the content; and (c) You will not use or access the Website in any jurisdiction in which doing so would be unlawful.
Third Party Links.
The Website may contain links and pointers to the other related World Wide Web internet sites, resources, and sponsors of the Website. Links to and from Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third-party resources, or their contents. If You decide to access any of the third-party sites linked to the Website, You do so entirely at Your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because TRANSFOR has no control over such websites or resources or the individuals who make such contributions, You acknowledge and agree that TRANSFOR is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and 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 such websites or resource.
Digital Millennium Copyright Notice.
If You believe that specific content on the Website infringes upon Your copyrighted materials, please provide TRANSFOR with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that You claim has been infringed; (c) a description of where the allegedly infringing material is located on the Website, including the URL’s of the particular web pages; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; (f) a statement by You, made under penalty of perjury, that the foregoing information is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. TRANSFOR’s Designated Agent for copyright claims can be contacted as follows:
Roger N. Behle, Jr., Esq.
FOLEY BEZEK BEHLE & CURTIS, LLP
575 Anton Boulevard, Suite 710
Costa Mesa, CA 92626
Disclaimer of Warranties.
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TRANSFOR AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, TRANSFOR AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRANSFOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRANSFOR AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
TRANSFOR does not accept unsolicited suggestions and ideas. Any ideas, suggestions or other information You provide TRANSFOR will be treated as non-proprietary and non-confidential.
You hereby agree to indemnify, defend and hold TRANSFOR, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Terms including, without limitation, those set forth in the User Content and Prohibited Conduct sections hereof, as well as any and all of the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. TRANSFOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of TRANSFOR.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE.
These Terms constitute the entire agreement between TRANSFOR and You with respect to Your use of the Website. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.