You are responsible for your use of the services, for any Content you post to the services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these terms.
You may use the services only if you can form a binding contract with Canvasmatch and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the services only in compliance with these terms and all applicable local, state, national, and international laws, rules and regulations.
The services that Canvasmatch provides are always evolving and the form and nature of the services that Canvasmatch provides may change from time to time without prior notice to you. In addition, Canvasmatch may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You are responsible for safeguarding the password that you use to access the services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Canvasmatch cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All right, title, and interest in and to the services (excluding Content provided by users) are and will remain the exclusive property of Canvasmatch and its licensors. The services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the terms gives you a right to use the Canvasmatch name or any of the Canvasmatch trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Canvasmatch, or the services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Canvasmatch respects the intellectual property rights of others and expects users of the services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Canvasmatch will also terminate a user's account if the user is determined to be a repeat infringer.
The services are Available "AS-IS"
Your access to and use of the services or any Content is at your own risk. You understand and agree that the services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Canvasmatch AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the services or any content thereon. Canvasmatch will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the services, or any Content. You also agree that Canvasmatch has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the services. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Canvasmatch or through the services, will create any warranty not expressly made herein.
The services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Canvasmatch of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Canvasmatch AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Canvasmatch HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Canvasmatch to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, the remaining provisions of these terms will remain in full force and effect.
We may revise these terms from time to time, the most current version will always be at canvasmatch.com/legal.html. If the revision, in our sole discretion, is material, we will notify you via an e-mail to the email associated with your account. By continuing to access or use the services after those revisions become effective, you agree to be bound by the revised terms.
Effective: February 11, 2011