Terms and Conditions of Use
Effective date: January 16, 2015
We’ve included some explainer human text in these Terms and Conditions, which you’ll find inside of blocks that look like this in each section. This isn’t legal language (on purpose), and shouldn’t be considered as part of the Terms.
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Electric Objects after a change, that means you accept the new terms.
Electric Objects provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
User age and access
By submitting information through this Site you represent that you are a United States of America resident over the age of 18.
Don’t use Electric Objects if you’re a minor.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Electric Objects. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site.
Electric Objects specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Adopting or using a user name or online identity which infringes the rights of a third party, which is intended to or does confuse, or which we reasonably determine is hurtful, offensive or otherwise inappropriate;
d. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
e. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
f. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
g. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
h. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
i. Attempting to interfere in any way with the Site’s or Electric Objects’ networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Please don’t do bad things. Some examples of “bad things” are listed in this section. To read about our community guidelines, please see this article.
Violations of system or network security may result in civil or criminal liability. Electric Objects will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Don’t undermine the security of Electric Objects. We and your fellow users depend on it.
Electric Objects’ Intellectual Property.
Electric Objects, including all of its content, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Electric Objects.
We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here. In addition, if you purchase artwork through the Site, we grant you a personal, non-exclusive, non-transferable limited license to download the artwork onto your device solely for your personal, noncommercial use subject to the terms of the download agreement; this license is not transferable or assignable by you. You do not own the downloaded artwork; ownership remains with either Electric Objects or the artist providing it to Electric Objects under license.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of these Terms.
This section states that we own the content and code behind electricobjects.com, our mobile apps, and our EO devices. Also, when you purchase artwork from Electric Objects, you are granted a license to use that artwork for your own personal purposes. In other words, you can’t sell it or put it in a Superbowl ad.
Your Intellectual Property
Electric Objects makes the Site available so that artists may market their artwork to Site users. Artists are required to enter into a separate License and Royalty Agreement before their work is displayed on the Site. Electric Objects doesn’t own content that Site users or artists submit to us (your “User Generated Content” or “UGC” or “Artwork”). But we do need certain licenses from you in order to perform our Services. When you submit any UGC or Artwork to the Site, you agree to these terms:
We can use the content you’ve submitted. You understand and agree to grant Electric Objects and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, sublicense, adapt, translate and distribute such UGC or Artwork for any purpose, commercial, advertising, or otherwise, throughout the world in any media. Except for Artwork uploaded by you pursuant to the License and Royalty Agreement, you are not entitled to any compensation for your UGC that you post on the Site unless otherwise agreed upon.
When we use the UGC or Artwork, we can make changes, like editing or translating it. You understand and agree that we have the right (but no obligation) to archive, to not publish, to modify, or to remove from the Site UGC or Artwork (without notice or liability) if we, in our discretion, consider the user submitted UGC or Artwork to be in violation of these Terms or otherwise harmful to our Site. Electric Objects does not guarantee that you will have any recourse through Electric Objects to edit or delete any UGC or Artwork you have submitted. We reserve the right to refuse to post any submission for any reason.
You represent and warrant to us that you are the sole owner of all of the rights to the UGC or Artwork that you submit and any intellectual property rights or other proprietary rights associated with your submissions. You also represent and warrant to us that you have the full power and authority to grant us the rights to the UGC or Artwork and to give all warranties, indemnities, assurances, confirmations, waivers and agreements under these Terms and any License and Royalty Agreement. You understand and agree your UGC or Artwork is, as between us and you, subject to the rights granted to the Site in these Terms or in any License and Royalty Agreement.
You will indemnify, defend and hold Electric Objects harmless for all claims, actions, liability, settlements, and costs (including legal fees) resulting directly or indirectly from UGC or Artwork you submit or from your breach or alleged breach of these Terms or any of your representations or warranties. By using this Site, you represent and warrant that you will be responsible for paying all royalties and other fees that might be due to any person or entity as a result of your submission of UGC or Artwork to us.
We are not responsible for the UGC or Artwork you post on the Site. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site.
We are not responsible for the conduct or behavior of Site users, including in relation to your UGC or Artwork, including, for example, any unauthorized copying, distribution, transmission or sale of your UGC or Artwork by Site users. You won’t submit stuff you don’t hold the copyright for (unless you have permission). You won’t upload to, post, transmit, distribute or share content on the Site that you did not create or that you do not have permission to share.
You may not post or upload to these Sites any UGC or Artwork that violates our Specific Prohibited Uses or Security Rules.
The UGC or Artwork on the Site does not reflect our opinions or views. Under no circumstances are we liable in any way for the UGC or Artwork on the Site, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC or Artwork. Our Rights
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
This section is long and complicated. Here are the basics:
1. Whether you’re one of our Participating Artists or an Electric Objects user, you retain ownership over any content or artwork that you submit.
2. When you upload media to Electric Objects, you grant us a license to use it. This license allows us to show it to other users, or use it in advertising.
3. At this time, we plan to sell Original Artwork from a hand-selected group of “Participating Artists.” These artists will be entitled to compensation for the sale of their work, according to a separate License and Royalty agreement that they and we agree to.
4. You promise that you own or are allowed to upload anything you upload.
As between you and Electric Objects, (or other company whose marks appear on the Site), Electric Objects (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Electric Objects. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Electric Objects or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Electric Objects logos and service names are trademarks of Electric Objects (the “Electric Objects Marks”). Without our prior permission, you agree not to display or use Electric Objects Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Electric Objects Mark without the prior written consent of Electric Objects.
This section says that you can’t do whatever you want with our brand, or our website and apps, or the artwork you find there.
You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent: firstname.lastname@example.org
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
If you see something that belongs to you on Electric Objects, and you didn’t upload it, and you’re not happy that it’s there, you can follow the instructions in this section and we’ll address your concerns.
Links from and to the Site
Electric Objects may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Electric Objects partners with other companies (like Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
Like every other site on the Internet, we have links that we or our users put there. Be careful when you click on links.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We’re in the US, and follow the laws of the US. If you’re not in the US, you should abide by the laws of wherever you are.
You agree to defend, indemnify and hold Electric Objects, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
If you do something bad, we can’t be held liable for it.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELECTRIC OBJECTS DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ELECTRIC OBJECTS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ELECTRIC OBJECTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ELECTRIC OBJECTS IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF ELECTRIC OBJECTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELECTRIC OBJECTS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ELECTRIC OBJECTS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 OR, IF APPLICABLE, THE TOTAL FEES PAID TO YOU PURSUANT TO THE LICENSE AND ROYALTY AGREEMENT DURING THE TWELVE MONTHS PRIOR TO ELECTRIC OBJECTS’ RECEIPT OF NOTICE OF SUCH LIABILITY.
Sorry for all the shouting.
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Electric Objects or relating in any way to your use of the Site resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County, New York.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to us at email@example.com.
The Terms constitute the entire agreement between you and Electric Objects and govern your use of the Site, superseding any prior agreements between you and Electric Objects. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Electric Objects and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Electric Objects or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Electric Objects to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of Electric Objects’ successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us, please email firstname.lastname@example.org.
© 2016 by Electric Objects Inc. All rights reserved.