Cupixel, Inc. (“Company,” “we” or “us”) maintains this website and any related smartphone or mobile application (collectively, the “Website”). By using the Website, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK IT PERIODICALLY FOR CHANGES. If you do not accept this Agreement, do not use the Website.
1. Intellectual Property Ownership; Conditions on Use.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, information and other content of the Website, including without limitation any Submissions (as defined below) and any paintings, illustrations, drawings, sketches, photographs, images and/or other pictorial or graphic works of original authorship created by third parties (including other artists), and any of the foregoing sent to you by e-mail or other means (collectively, the “Site Content”), are proprietary to us or to third parties. Notwithstanding anything to the contrary in this Agreement, as between you and Cupixel: (a) the Site Content does not include any paintings, illustrations, drawings, sketches, photographs, images and/or other pictorial or graphic works of original authorship created by you or on your behalf and delivered to Cupixel (collectively, “Your Original Works”); (b) the Artist License Agreement published at http://www.cupixel.com/artist-license-agreement (the “License”) governs with respect to all issues relating to Your Original Works. In the event of any conflict between the terms of this Agreement and the terms of the License, the terms of the License will control.
Cupixel authorizes you to view, download and print the Site Content in limited quantities solely for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any manner the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Cupixel.
All software used on the Website is proprietary to us or to third parties, and any use (except as may be required to undertake your activity expressly permitted in the prior paragraph above), redistribution, sale, decompilation, reverse engineering, disassembly, translation, other reduction to human-readable form, or other exploitation in any manner, of such software is prohibited.
The mark(s) CUPIXEL, CUPIXEL CANVAS and any related logos are registered or unregistered trademarks of Cupixel, and may not be used in connection with any service or products other than those provided by Cupixel, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cupixel. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
You agree that you will comply with all applicable laws, rules and regulations in your use of the Website and Site Content, and you will be solely responsible for your own violations of any such laws, rules or regulations.
2. Ideas Submitted to Cupixel.
In the event that you submit to Cupixel any ideas or suggestions for the Website, Site Content or any Cupixel products or services, or otherwise relating to the operation of Cupixel (including without limitation submissions via the Website or any email addresses of Cupixel personnel located on or through the Website, but excluding Your Original Works) (collectively, “Submissions”), the Submissions will be deemed, and will remain, the sole property of Cupixel. None of the Submissions will be subject to any obligation of confidence on the part of Cupixel, and Cupixel will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Cupixel will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions.
3. Links to Third Party Websites.
The Website may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Cupixel. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
4. Warranty Disclaimers and Limitations of Liability.
CUPIXEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND CUPIXEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY SITE CONTENT.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM CUPIXEL ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF CUPIXEL HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CUPIXEL’S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CUPIXEL (IF ANY) DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Copyright Infringement Claims.
Cupixel respects the intellectual property rights of others, complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement.
In the event you believe that any content on the Website infringes your copyright, then please file a notice of infringement with our designated agent:
Attn: Elad Katav
59 Hamlet street, Newton, MA, 02459
Electronic notification is preferred. To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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;
4. 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;
5. A statement 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
6. 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 owner of an exclusive right that is allegedly infringed.
If we take measures to remove or disable content, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to sections 17 U.S.C. § 512(g). Your complaint, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is Cupixel’s policy to terminate the accounts of users that repeatedly violate these Terms and Conditions and/or the DMCA Policy.
If you are a user of the website and content that you have submitted has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Copyright Agent listed above that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Cupixel may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
If you have a claim related to trademarks or intellectual property other than copyright, please contact us at firstname.lastname@example.org
6. Applicable Law; Jurisdiction.
You and Cupixel agree that this Agreement, and all disputes arising from or relating to the Website, Site Content or this Agreement, will be governed by the laws of the Commonwealth of Massachusetts, without regard to any conflicts of laws principles that would apply another law. You hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within the Commonwealth of Massachusetts with respect to any suit, claim or cause of action arising from or relating to the Website, Site Content or this Agreement, and you agree not to bring any such suit, claim or cause of action except in a court located within the Commonwealth of Massachusetts.
Cupixel reserves the right to modify this Agreement, any aspects of the Website or Site Content, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other Cupixel policies before using the Website.
8. Miscellaneous Provisions.
Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. No waiver by Cupixel of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver by Cupixel will be binding unless made in an express writing signed by Cupixel. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. This Agreement sets forth the entire agreement between you and Cupixel regarding its subject matter, and supersedes all prior promises, agreements, discussions or representations, whether written or oral, regarding such subject matter. Except as otherwise provided in this Agreement, this Agreement may only be modified by an express written instrument signed by Cupixel. You may not assign or otherwise transfer this Agreement or any of your rights under this Agreement, or delegate any of your obligations under this Agreement, without the prior written consent of Cupixel in its sole discretion. Any purported assignment or delegation without such consent will be null and void. Cupixel may freely assign, transfer or delegate this Agreement, in whole or in part, from time-to-time. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions of this Agreement constitutes a “signing” for all purposes.
Effective Date of Terms: April 1, 2017.