Terms & Conditions of Use
Introduction
Welcome to www.canvasflip.com, hereto referred to as “the Site”. The Site is operated by Canvasflip #302, Om Sai Balaji
Complex, Kondapur, Hyderabad, India - 500084.
In accordance with these Terms
and Conditions of Use herein referred to as “Terms of Use”.
These terms of use govern your
use of the Site. By using the Site, whether as a visitor, a registered member
(“member”), or a registered paid subscriber (“subscriber”), to do any or all of
the following, you accept these Terms of Use in full and without reservation:
·
Browse
the Site
·
Purchase
items or contract a member of our CanvasFlip Enterprise Tool
·
Use
any of the software programs (“software”), or any services made available
through or on the Site, whether by us, or our affiliates (“the services”).
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY AND SECURITY
POLICY OR OTHER POLICIES, GUIDELINES, OR INSTRUCTIONS POSTED ON THE SITE, DO
NOT USE THE SERVICES, THE SOFTWARE, OR THE SITE.
By using the site and/or the
Services you warrant and represent that you are of sufficient age under the law
of the jurisdiction in which you reside to enter into a binding legal
agreement.
.Some areas of the Site, content
or Services provided on or through the Site may have additional rules,
guidelines, license agreements, user agreements, or other terms and conditions
that apply to your access or use of that area of the Site or content (including
terms and conditions applicable to a corporation or other organization and its
users).
If there is a conflict or
inconsistency between these Terms of use and the rules, license agreement, user
agreement or other terms and conditions for a specific area of the Site, or for
specific content download or use, the latter shall have precedence with respect
to your access and use of that area of the Site, content or Services.
All content included on the Site,
and made available in connection with the Services such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations
and software, is the property of the Company or its third party content
suppliers, and is protected by international copyright laws.
All of the trademarks, service
marks, brand and trade names and logos appearing on the Site are the
proprietary intellectual property of the owners of such marks or names and you
may not use, modify, remove or otherwise infringe any of such proprietary
intellectual property.
The Company retains full ownership
rights with respect to the Services including but not limited to design,
functionality, and documentation. You may not copy, edit, reverse engineer,
re-license, sell or reproduce any part of the Services.
In using this website you are deemed to have read and agreed to
the following terms and conditions:
The following terminology applies
to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any
or all Agreements: "Client", “You” and “Your” refers to you, the
person accessing this website and accepting the Company’s terms and conditions.
"The Company", “Ourselves”, “We” and "Us", refers to our
Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves,
or either the Client or ourselves. All terms refer to the offer, acceptance and
consideration of payment necessary to undertake the process of our assistance
to the Client in the most appropriate manner, whether by formal meetings of a
fixed duration, or any other means, for the express purpose of meeting the
Client’s needs in respect of provision of the Company’s stated services/products,
in accordance with and subject to, prevailing Corporate Law.
Privacy Statement
We are committed to protecting
your privacy. Authorized employees within the company on a need to know basis
only use any information collected from individual customers. We constantly
review our systems and data to ensure the best possible service to our
customers.
Confidentiality
Client records are regarded as
confidential and therefore will not be divulged to any third party, other than
our contracted partners / designers if legally required to do so to the
appropriate authorities. Clients have the right to request sight of, and copies
of any and all Customer Records we keep, on the provision that we are given
reasonable notice of such a request.
We will not sell, share, or rent
your personal information to any third party or use your e-mail address for
unsolicited mail. Any emails sent by this Company will only be in connection
with the provision of agreed services and products.
Email Opt-In
By signing up to CanvasFlip you agree to receive
promotional and other emails from us. Through our email services you will be
the first to know about any special offers, new features, and on occasion you
will receive relevant third party messages from us. You may unsubscribe from our
mailing list at any time, as required by law, via the unsubscribe options we
offer.
Restricted Access
The Company reserves the right to
restrict access to certain areas of the Site, or at our discretion, the entire
website. The Company may change or modify its access policy with or without
prior notice.
You may become a user of the
Site’s free areas and Services (a “Member”) or a paid Subscriber. In either
case, you will be required to establish a User Account with a Company-provided
user ID and password to enable you to access restricted areas of the Site, or
other content or Services.
You must ensure that your user ID
and password are kept confidential. You alone are responsible for your password
and user ID security.
The Company may disable your User
Account and your ID and password at the Company’s sole discretion and without
prior notice if:
1.
You
violate these Terms of Use
2.
We
believe there has been unauthorized use of your access credentials
3.
You
fail to pay any subscription, or similar fees or charges, associated with the
use of the Site, the Services, or the Software
Limitations of Liability
Your use of the Site, or Services
is at your risk. The Company does not warrant or represent that any content
associated with or used in connection with the Site or Services is factual or
error-free, or that the use of such material will not infringe rights of third
parties.
The Company does not warrant that
the functional aspects of the Site will be error free, or that the Site or the
servers that make it available are free of viruses or other harmful components.
The Company reserves the right to correct any errors on its website. If your
use of the Site, or other content or services, results in the need for
servicing or replacing property, material, equipment or data, or results in
injury to persons or damage to property, the Company is not responsible for
those costs.
CANVASFLIP MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL
CONTAINED ON ITS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, LINKS, OR
RESULTS TO BE OBTAINED FROM USING CANVASFLIP WEBSITE OR SERVICES.
IN NO EVENT SHALL THE COMPANY,
ITS SUBSIDIARIES, OR AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT
LIMITED TO LOSS OF DATA, USE, OR PROFITS (WHETHER INVOLVING ALLEGATIONS OF
BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE) AND IRRESPECTIVE OF
WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM
YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE AND CONTENT.
Other Parties
You accept that, as a limited
liability entity, the Company has an interest in limiting the personal liability
of its officers and employees. You agree that you will not bring any claim
personally against the Company’s officers or employees in respect of any losses
you suffer in connection with the website.
Without prejudice to the
foregoing paragraph, you agree that the limitations of warranties, and
liability set out in the Site disclaimer, will protect the Company’s officers,
employees, agents, subsidiaries, successors, assigns and sub-contractors as
well as the Company.
Third Party Content
The Company gets some content
from third party creators and suppliers who own the rights to that content.
You may display this content, but
only on your personal computer, and only for your personal or business use. No
other type of display is permitted.
Unless you have permission from
the creator or supplier, you agree not to download, cache, reproduce, modify,
edit, alter, or enhance any of its content.
User Content
In these Terms of Use, “User
Content” means material (including without limitation text, images, audio material,
video material, and audio-visual material) that you (or third parties acting at
your direction) submit to the Site, for whatever purpose, including but not
limited to, creation of Animated Flips (as defined below).
Unless you (i)
are a Member or a Subscriber; and (ii) you expressly label it “Confidential” at
the time of submission, by submitting User Content to the Site you grant to the
Company a worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, adapt, publish, translate and distribute such User Content,
including but not limited to any proprietary, patented, copyrighted, or
otherwise confidential User Content, in any existing or future media. You also
grant to the Company the right to sub-license these rights, and the right to
bring an action for infringement of these rights.
You may not submit any User
Content to the website that is, or has ever been, the subject of any threatened
or actual legal proceedings or other similar complaint.
The Company reserves the right to
edit or remove any User Content submitted to the Site, or stored on the servers
of the Company, or hosted or published upon the Site. However, the Company does
not undertake to monitor the submission of User Content submitted to or
published on the Site.
Flips (Animations)
You acknowledge that you alone
are responsible for the content of any visual and/or audio presentations or portions
thereof (“Flips”) that you import to, create, store on, or access through use
of the Site, the Services, and/or the Software.
Your responsibility for the
content and appearance of each created animations includes, but is not limited
to, its legality, reliability, appropriateness, and originality.
If you are a Member, your created
animation (except for any User Content properly labeled as “Confidential” in
accordance with “User Content” above) will be available for any third party to
view at a publicly available URL. You acknowledge that third parties may view
and have access to your Animation, and that the Company has no control over
third parties’ use of your Animations. Animations may be indexed by search
engines.
If you elect to become a paid
Subscriber, you may also allow your Animations to be made available publicly.
As a paid Subscriber, however, you will have the option to limit access to any Animations
to members of a shared distribution list created and maintained by you in your
User Account. It is your sole responsibility to confirm the credentials of
members of and otherwise manage the membership of your shared distribution
list.
You shall have the right to
download any Animations you create through the use of the Site, the Software,
and/or the Services, and to make such Animations available on your personal or
company website, as applicable. You represent and warrant that the posting of
your Animations, and any other use of your Animations, does not violate the
privacy rights, publicity rights, trademark rights, copyrights, contract
rights, or any other rights of any person.
The Company may, without prior
notice, terminate or suspend service and/or access to all or any part of the
Site, or the Service to users whom the Company has in good faith determined
have infringed upon the intellectual property rights of others.
Third Party Rights
You may not upload or post to the
Site or otherwise use in any way in connection with your use of the Services or
the Software any text, video or audio recording, images or other material
protected by copyright, trademark, or any other proprietary right without the
express permission of the owner of such copyright, trademark or other
proprietary right. The burden of determining that any material is not protected
by any such right is on you. You shall be solely liable for any damage
resulting from any infringement of copyrights, trademarks, proprietary rights,
or any other harm resulting from your violation of this prohibition.
All trademarks and/or service
marks displayed on the Site are the exclusive property of their respective
owners, and may not be used without the owner’s permission.
Third Party Copyright Policy
CanvasFlip is not responsible for
breach of copyright laws should a user chose to screen cast their CanvasFlip
Animations for the purpose of using copyrighted videos or content. CanvasFlip
upholds copyright laws in their entirety and takes no responsibility, nor can
be held liable, for any breach carried out by a user with third party software.
It is each customer’s responsibility to uphold and respect their countries’
copyright laws.
Termination
By The Company
The Company may at any time and
without notice terminate your User Account in its sole discretion, including,
without limitation, for breach by you of any of your representations,
warranties, or obligations under these terms of Use.
By You
You may, at any time, terminate
this Agreement by logging into your Membership Account on the Service.
Effect of Termination
Upon any termination of your
access to the Site, the Services and/or the Software:
1.
Your
User Account shall be canceled and closed, and your User ID and password shall
be deactivated;
2.
All
Marketplace Items uploaded by you shall be removed from the Service; provided,
however, that the Company may continue to use the Marketplace Item for internal
archival and reference purposes;
3.
You
shall forfeit all right, title and interest in and to any and all Credits; and
4.
The
Company will permanently delete your Presentations and User Content.
Termination of your User Account
shall not relieve you of any payment obligations that may have arisen prior to
such termination, or any other obligations pursuant to any other agreement that
has not been specifically terminated.
Suspension
In lieu of termination, the
Company may suspend your User Account at any time and for any length of time.
While your User Account is suspended, you may not purchase any additional
Marketplace Items or other goods or Services.
However, you may continue to
access and use your User Account and any Marketplace Items or other goods or
services purchased prior to suspension.
Variation
The Company may revise these
Terms of Use from time to time, with or without prior notice. Revised terms and
conditions will apply to the use of the Site from the date of the publication
of the revised terms and conditions on the Site. Please check this page
regularly to ensure you are familiar with the current version.
Assignment
The Company may transfer,
sub-contract, or otherwise deal with the Company’s rights and/or obligations
under these terms and conditions without notifying you or obtaining your
consent.
You may not transfer,
sub-contract, or otherwise deal with your rights and/or obligations under these
terms and conditions.
Account types
CanvasFlip account types are
listed on the our price/plan page. The plan types, names, and listed prices change from time to
time. When you purchase a plan, package of services from CanvasFlip you agree
to purchase the plan as listed at the time of purchase.
Purchases
General Terms
You agree to pay the then-current
fee for the account type (e.g., Free, Paid) you have selected. The current fee
for the account type you have selected will automatically and immediately be
charged to your payment instrument or account on the date you signed up. Fees
charged for one account type may not be credited towards other account types.
All currency references are in Indian Rupees (INR).
Payment for Subscription
For all for-pay account types,
payment occurs on a pre-pay basis and payment will be automatically renewed for
the next term, at the end of each term. The amount you are to pay will depend
upon which account type you choose. If you choose to cancel a recurring
payment, you should cancel your account prior to the next billing term. If you
do not elect to purchase an additional month/year of service, your account will
be suspended and you will have the option of converting to our FREE account
type – subject to the limitations of a FREE CanvasFlip account.
Payment for media and
services
On the platform there are some
features, sounds, images and library objects that are offered at price that our
partners or we set. You will be able to buy those articles and services via
your paying account and will be billed to you each time you choose to use the
services or other objects.
Cancellation and Refund
Policy
Please note, unless CanvasFlip
gives notice to the contrary, payment for subscriptions are non-refundable. If
you cancel your reoccurring payment option, your account will remain active
until it’s next renewal date. If you delete your
account before the end of the term for which you paid, your cancellation will
take effect immediately. In either case (cancellation or deletion), you will
not be given any refund.
Termination
If your fail to pay ,credit card/debit cared is
invalid for any reason, your paid CanvasFlip account will revert to a CanvasFlip
FREE account and will be subject to the limitations of a FREE account;
provided, however, that CanvasFlip reserves the right to cancel your account
entirely in such case. You will have the option of deleting any User Content
from your account prior to its reversion to a CanvasFlip FREE account.
Registered Address
CanvasFlip
(Address): #302, Om Sai Balaji Complex, Kondapur, Hyderabad, India -500084
Tel:
91 7842 9818 78
Fax:
Email: [email protected]