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PASTELSPACE TERMS OF USE
Please carefully review these Terms of Use prior to using the PastelSpace.Com website.
1. GENERAL TERMS & CONDITIONS
This User Agreement (“Agreement”) constitutes the agreement between the founding member(s), hereinafter referenced as “PastelSpace,” and you as a user who accesses or establishes a connection (“User,” “You,” or “Your”) to the website known as PastelSpace.Com (“Site”), which is owned and controlled by PastelSpace. You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Site and Your use of the Site constitutes Your agreement to abide by those provisions. You are solely responsible for Your use of the Site and for ensuring that Your use complies fully with the provisions of this Agreement. PastelSpace reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. You can review the most current version of the Terms of Use at pastelspace.com/terms.php. Any changes to this Agreement will be effective immediately. Users with an existing user account will be notified of changes through email or through a notification on the Site upon logging in. Your use of the Site after any changes to this Agreement will be deemed Your acceptance of the changes. Please review the Terms of Use before using the Site. PastelSpace reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site. You acknowledge that You have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data and copyright material exported from the United States or the country in which You reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. You represent that You have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.
2. TERMINATION OF USE
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. You may stop using the Site at any time. You do not need to specifically inform PastelSpace when You stop using the Site, unless You wish to terminate your legal agreement with PastelSpace, in which case, the provisions of Clause 15 shall apply.
3. DESCRIPTION OF SERVICES
PastelSpace provides artists and photographers, a social network and a marketplace to showcase their work, connect to other members of the creative community and sell original artwork, digital reproductions in both electronic and print formats. PastelSpace's proprietary software allows users of the site create and order posters and greeting cards on the fly from images. PastelSpace is an open platform and is not monitored by the owners of the site.
4. PRIVACY POLICY
PastelSpace’s collection and use of personally identifiable information is governed by the current Privacy Policy, which is posted here, hereby incorporated as part of these Terms of Use.
5. WEBSITE USE
PastelSpace grants you a limited, revocable, nonexclusive, and non-commercial license to use PastelSpace.com solely for your individual use and not for replication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy, reverse engineer any material or Content on the Site, unlawfully access the Site, or use Site materials or Content for any commercial purpose. Intended Audience – The Site is not for the use of anyone under the age of 17. By using this Site, You represent and warrant that You are at least 17 years of age.
6. OWNERSHIP
PastelSpace.com is and shall continue to be the property of PastelSpace and is protected under all applicable copyright, patent, trademark, and other proprietary rights. Any copying, reproduction, use or publication of any PastelSpace material, Content, or any part of the Site is strictly prohibited. Under no circumstances will You acquire any ownership rights, license, or any other interest in any materials or Content by or through Your use of the Site. Some materials or Content on the Site may be made available pursuant to third-party licenses or open source licenses. In these cases, those third-party licenses or open source licenses apply.
7. USER CONDUCT
You may use the Site to access public materials and Content available on the Site. You may create a User Account and post, upload or otherwise provide materials or Content to the Site in compliance with this Terms of Use. You agree to not use the Site to: a) Upload, post, link to, distribute, email, make available, or otherwise disseminate content that is illegal, inappropriate, infringing of copyrights, prohibited by the Site, or content that You do not have the legal right to distribute; b) Defame or personally attack any person or entity; c) Impersonate any individual or entity; d) Interfere with or disrupt the Site or PastelSpace’s servers, or network; or e) Provide support or resources to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. Prohibited content includes, but is not limited to: a) Abusive, violent, or harmful content; b) Defamatory content; c) Pornographic or obscene content; or d) Content depicting minors.
8. USER ACCOUNT
PastelSpace allows You to create and maintain a User Account. The User Account is accessed through a login and password. The User Account is tied to data (“User Account Data”) that You provide and relates to You personally. User Account Data includes all personal information contained in Your user profile on the Site, including Your name, email address, image, narratives about yourself and any other personal information that you provide. You agree to provide truthful and accurate information in conjunction with Your User Account. The information that you provide can be located by other users and is governed by PastelSpace’s Privacy Policy. You may close Your User Account at any time by notifying PastelSpace in writing or through the means provided by PastelSpace in Clause 22. You may request that Your User Account Data be removed from the PastelSpace system upon closing Your User Account. It may take up to 30 days from the date of request for Your User Account Data to be removed from the PastelSpace system.
9. USER-CONTRIBUTED CONTENT
PastelSpace allows You to provide content (“User-Contributed Content”) to the Site. User-Contributed Content includes, but is not limited to, uploaded files, linked files, textual content, images of paintings and photographs and any other information You provide to the Site that is not User Account Data. While PastelSpace does not screen User-Contributed Content, PastelSpace reserves the right to remove any User-Contributed Content at any time for any reason or for no reason. PastelSpace does not wish to receive confidential or proprietary information from You in connection with Your use of this Site. Anything that You upload, post, or provide to this Site is considered non-confidential and non-proprietary. For all User-Contributed Content, You guarantee to PastelSpace that You have the legal right to provide the User-Contributed Content and that its use on the Site does not violate any law or the rights of any person or entity. You give PastelSpace the royalty-free, revocable, worldwide right to use, distribute, display and create derivative works from the User-Contributed Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to You for advertisement and publicity of PastelSpace. You may request removal of User-Contributed Content from the Site by giving written notice to PastelSpace through the means provided by PastelSpace in Clause 22.
10. PASSWORD SECURITY
If You register a User Account, You are responsible for maintaining the confidentiality of Your user login and password, and for restricting access to Your User Account. You agree to accept responsibility for all activity under Your User Account.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
If You are a copyright owner and believe that content on the Site infringes Your copyright, You may notify PastelSpace in writing to the designated agent of PastelSpace pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)). Your notification must include substantially the following: i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works. 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 PastelSpace to locate the material. iv. Information reasonably sufficient to permit PastelSpace to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright owner may be contacted. v. A statement that the copyright owner 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. vi. 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. Such notice should be sent to PastelSpace’s designated agent at the following email address: dmca@PastelSpace.com Upon receipt of such notice, PastelSpace will take down the content in question and attempt to contact the user who posted the content in question. Please note that pursuant to Section 512(f), any person who knowingly materially misrepresents that content is infringing may be subject to liability. Additionally, PastelSpace may provide the means to report infringing content directly through a form or link on its Site. These are provided for the convenience of users and do not necessarily comply with the Digital Millennium Copyright Act. As a result, PastelSpace cannot guarantee a proper response to the infringement notification using these additional methods.
12. LINKS TO OTHER WEBSITES
Links on the Site to third party websites or information are provided solely as a convenience to You. If You use these links, You will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by PastelSpace of the third party, the third-party web site, or the information contained therein. PastelSpace is not responsible for the availability of any such websites. PastelSpace is not responsible or liable for any such website or the content thereon. If You use the links to the websites, You will be subject to the terms of use and privacy policy applicable to those websites.
13. THIRD PARTY INFORMATION
References to any third party names, marks, products, services, or websites have been provided solely for Your convenience and do not in any way constitute or imply endorsement, sponsorship, or recommendation of any third party information, products, or services by PastelSpace.
14. INTELLECTUAL PROPERTY
All content, copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by PastelSpace or any third party mentioned on the Site are rights protected by U.S. and International laws. PastelSpace expressly reserves all intellectual property rights in all text, programs, products, processes, technology which appear on PastelSpace.com. PastelSpace claims no intellectual property rights over user generated and user uploaded content. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of PastelSpace’s or any third party’s intellectual property rights. PastelSpace does not endorse Content or information contained on third party websites or information or Content provided by third parties.
15. TERMINATION OF AGREEMENT
This legal Agreement can be terminated by either You or PastelSpace. If You wish to terminate Your legal Agreement, You may do so by giving notice to PastelSpace and closing Your user account. PastelSpace may terminate this Agreement and Your use of the Site at any time without notice.
16. WARRANTIES
The information and Content presented on PastelSpace.com, such as text, graphics, images, video, information obtained from third parties, and any other material on the Site are for informational purposes only. PastelSpace does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. PastelSpace does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. PastelSpace may make changes to the features, functionality or content of the Site at any time. PastelSpace reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PASTELSPACE, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE. THE SITE AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PASTELSPACE (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PASTELSPACE (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL PASTELSPACE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF PASTELSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PASTELSPACE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
18. INDEMNIFICATION
You agree to defend, indemnify and hold harmless PastelSpace (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of Your use of the Site or Your breach of any provision of this Agreement. PastelSpace reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You agree to cooperate as fully as reasonably required in the defense of any claim.
19. SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable or invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
20. APPLICABLE LAW
By accessing the Site You agree that the statutes and laws of the United States and the state of Maryland without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and You agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Maryland. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
21. MISCELLANEOUS
This Agreement shall govern only Your relationship with PastelSpace (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) to the exclusion of any relationship which you may enter into incidentally with any other person or company as a result of, or through your use of the Site. No failure to exercise, nor any delay in exercising, on the part of PastelSpace, any right or remedy under this Agreement or under any applicable law, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or future exercise thereof or the exercise of any other right or remedy. The rights and remedies of PastelSpace provided for by this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
22. CONTACT
If You have any questions regarding these Terms of Use, please contact: support@pastelspace.com All written notices referenced herein shall be addressed to support@pastelspace.com unless otherwise specified.