Updated as of Aug 08th, 2017
Welcome to Icon Creatr (the “Site”, “we”, “us”, or “our”). Please read these Terms of Use (“Terms”) which govern your access, use, and interaction with the Site. By visiting this Site you acknowledge and agree to these terms.
Privacy
When you access or use the Site we may collect certain information about you or the device you access the Site from. Please review our Privacy Policy for detailed information. By access this Site you also agree to our information collection, use and sharing as set forth therein.
Site Access
By accessing the Site you acknowledge that you are over the age of 13 and agree to these Terms. These Terms may be updated or modified at any time without prior notice to you. We suggest that you review these terms whenever you access the Site for any updated versions. This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
User Age Restrictions
You must be over thirteen (13) years of age to use the Site. Certain services offered on or through the Site may require you to be eighteen (18) years old. If you are under 18 years of age, you are not allowed to use those portions of the Site or those services. You agree that the data that you submit to us upon registration, and at all other times will be true, accurate, current and complete.
Site Modification or Suspension
We may, at any time in our sole discretion, modify, or suspend or remove the Site with or without notice or liability to you.
Intellectual Property
The Site and the Content, as defined below, available on the Site is our intellectual property, or the intellectual property of our affiliates or licensors’. You are prohibited from using the Content on the Site in a manner that constitutes an infringement of intellectual property rights, including, but not limited to copyrights or trademark rights. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
License
Icon Creatr grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services provided thereon. You are not permitted to make any derivative use of this Site or its content; or engage in data mining, or similar data gathering and extraction from this Site. You are not permitted to reproduce, duplicate, copy, sell, or otherwise exploited for any commercial purpose any information, photos, materials, or other content (“Content”) from the Site without express written consent of Icon Creatr.
All rights not expressly granted to you in these Terms are reserved and retained by Icon Creatr, its affiliates, licensors, publishers, rights holders or other content providers. Your permission or approval to access and use the site will be discontinued if you use the Site or its services in an unauthorized way.
Registration
If applicable, registration is limited to one account per user and you are solely responsible for keeping your password secure and for any activities or actions taken under your account whether or not you have authorized such activities or actions. You shall immediately notify Icon Creatr of any unauthorized use of your password. If you register at the Site, you are representing that you have the authority and the capacity to do so and acknowledge and agree to the Terms.
Your Comments Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews or submit other content on this Site (“User Content”). If you choose to post User Content on the Site you are representing that you are the owner of such User Content, or that you have the owner’s express consent to submit the User Content.
When you submit or post any User Content, you are granting a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, or digitally perform or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. By posting User Content on the Site you permit us to identify you as the author of such content.
You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, marketing campaigns, content syndication and distribution arrangements that include or feature any User Content submitted by you. The foregoing shall include the right to exploit any proprietary rights in such User Content. We are under no obligation to give credit or pay any compensation for your Posted Content.
Prohibited Content
You are prohibited from posting any content that consists of software viruses, commercial solicitation, political campaigning, any form of “spam” or any content that is illegal, threatening, defamatory, obscene, infringes our intellectual property rights or third-party intellectual property rights, violates law, bullies others, or otherwise harmful to third parties. You are prohibited from impersonating any person or entity, or otherwise misleading the public as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit content that violates these terms, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any content posted by you or any third party.
Third Party Content
Third parties may post content to the Site. We are not responsible for any third-party Content posted to the Site. You should carefully review their privacy statements and their terms of use.
Copyright Complaints
If you think your work has been copied in a way that constitutes copyright infringement, please reach out to our Copyright Agent at nathonmason@iconcreatr.com or by postal mail at 15466 Los Gatos Blvd #109, Los Gatos, CA 95032. Please ,provide the Copyright Agent with the following data regarding your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A explanation where the material that you claim is infringing is located on the site;
- Your address, your telephone number, and your email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnity
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless, for any claims, liabilities, costs and expenses, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; and (vi) any products or services purchased by you in connection with this Site and/or the web sites of our third party partners, vendors and/or service providers.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes, Choice of Law, and Jurisdiction
This Agreement, as well as the Icon Creatr and the Privacy Policy, is the entire Agreement between Icon Creatr and you regarding the Site and any services provided. This Arrangement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any matter or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in New York, New York as provided in the Section titled “Arbitration” (below). Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.
ANY REASON FOR ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that Icon Creatr agreement to arbitrate claims constitutes consideration for such waiver. Notwithstanding Icon Creatr’s right to modify these Terms, Icon Creatr agrees that any such adjustment to the dispute or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not authorized by applicable law, the parties waive all rights to trial by jury and waive all right to start or participate in any class action, consolidated, representative or class proceedings.
Termination
In the event you violate these Terms, your right to access the Site may be terminated. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive any termination of your right to use the Site.
Contact Information
If you have any questions or comments relating to these Terms of Use please contact us by email at nathonmason@iconcreatr.com.
Icon Creatr
15466 Los Gatos Blvd #109
Los Gatos, CA 95032
