1. Acceptance of Terms
- Welcome to Mashup Arts, an internet portal and service for the Internet community to create and share person to person messages that are both entertaining and thought provoking, operated by Mashup Arts Inc. ("Mashup Arts").
- Mashup Arts is making available to you the website at www.mashuparts.com (the "Mashup Arts Website"). By using the Mashup Arts Website you signify that you have read and agree to (1) these terms and conditions (the "Terms of Service"), (2) Mashup Arts' privacy notice, found at www.mashuparts.com/privacy.php and incorporated here by reference, and (3) Mashup Arts' Content Licensing Guidelines, found at www.mashuparts.com/content_licensing.php and also incorporated here by reference. If you do not agree to any of these Terms of Service, the Mashup Arts privacy notice,, or the Community Guidelines, please do not use the Mashup Arts Website.
- Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service at our site. Mashup Arts may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and your continued use of the website signifies your acceptance of such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Mashup Arts Website
- These Terms of Service apply to all users of the Mashup Arts Website, including users who are also contributors of audio, video, information, and other materials or services on the Mashup Arts Website.
3. Mashup Arts Accounts
- In order to access some features of the Mashup Arts Website, you will have to create a Mashup Arts account. When creating your account, you must provide accurate and complete information. You must maintain and promptly update your account information to keep it accurate and complete. If you provide any information that is untrue, not current or incomplete or if Mashup Arts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mashup Arts has the right to suspend or terminate your account.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mashup Arts immediately of any breach of security or unauthorized use of your account. You may never use any one else's account without permission.
- Although Mashup Arts will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mashup Arts or others due to such unauthorized use. Please be sure that you exit from your account at the end of each session.
4. General Use of the Mashup Arts Website -- Permissions and Restrictions
Mashup Arts hereby grants you permission to access and use the Mashup Arts Website as set forth in these Terms of Service, provided that:
- Except for User Submissions (defined below), You agree not to distribute in any medium any part of the Mashup Arts Website without Mashup Arts' prior written authorization.
- You do not upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, harmful of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You agree not to alter or modify any part of the Mashup Arts Website.
- You agree not to use the Mashup Arts Website for any commercial use, without the prior written authorization of Mashup Arts. Prohibited commercial uses include any of the following actions taken without the express approval of Mashup Arts:
Prohibited commercial uses do not include:
- sale of access to the Mashup Arts Website or its related services on another website;
- use of the Mashup Arts Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising on the Mashup Arts Website or any third-party website, targeted to the content of specific User Submissions or Content;
- any use of the Mashup Arts Website or its related services that Mashup Arts finds, in its sole discretion, to use Mashup Arts' resources or User Submissions with the effect of competing with or displacing the market for Mashup Arts, the Content, or User Submissions.
You acknowledge that Mashup Arts may or may not pre-screen content available on the Mashup Arts Website but that Mashup Arts shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse or remove anything that is available through the Mashup Arts Website. Without limiting the foregoing, Mashup Arts shall have the right to remove anything from the Mashup Arts Website that violates these Terms of Service or is otherwise objectionable.
g. If you use the uploader feature of the Mashup Arts Website (the "Uploader") to post your creations like creative writing, photos, videos, personalized messages, frames, backgrounds, and registration information, you agree that Mashup Arts may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Mashup Arts to deliver these to you) as part of your use of the Uploader. .
In your use of the Mashup Arts Website, you will otherwise comply with the terms and conditions of these Terms of Service, Mashup Arts Community Guidelines, and all applicable local, national, and international laws and regulations.
Mashup Arts reserves the right to discontinue any aspect of the Mashup Arts Website at any time.
- uploading original video, audio, information or other materials to the Mashup Arts Website to promote your business or artistic enterprise;
- any use that Mashup Arts expressly authorizes in writing.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Mashup Arts Website.
- The trademarks, service marks and logos of contained on the Mashup Arts Website ("Marks"), are owned by or licensed to Mashup Arts, subject to copyright and other intellectual property rights under the law.
- The content on the Mashup Arts Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") are owned by or licensed to Mashup Arts, and are subject to copyright and other intellectual property rights under the law.
- Content on the Mashup Arts Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mashup Arts reserves all rights not expressly granted in and to the Mashup Arts Website and the Content.
- You may use User Submissions solely in accordance with the terms of the license under which the User Submissions were licensed to Mashup Arts and as intended through the normal functionality of the Mashup Arts Website.
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Mashup Arts Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Mashup Arts Website or otherwise as prohibited under this Agreement.
- You may access Mashup Arts Content, User Submissions and other content only as permitted under this Agreement. Mashup Arts reserves all rights not expressly granted in and to the Mashup Arts Content and the Mashup Arts Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Mashup Arts Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Mashup Arts Website or the Content therein.
- i. You understand that when using the Mashup Arts Website, you will be exposed to User Submissions from a variety of sources, and that Mashup Arts is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mashup Arts with respect thereto, and agree to indemnify and hold Mashup Arts, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
- As a Mashup Arts account holder you may submit creative writing, photos, videos, personalized messages, frames, backgrounds, and other content ("User Content") and textual content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Mashup Arts does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mashup Arts to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Mashup Arts Website and these Terms of Service.
- c. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Mashup Arts, you hereby grant Mashup Arts a license, the terms of which are at www.mashuparts.com/Content_License.php under which you let Mashup Arts and others copy, distribute, display, and perform your copyrighted work - and derivative works based upon it - but only if they give you credit. You also hereby grant each user of the Mashup Arts Website a non-exclusive license to access your User Submissions through the Mashup Arts Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Mashup Arts Website and under these Terms of Service
- The above licenses granted by you in User Content terminate within a commercially reasonable time after you provide Mashup Arts with written notification of your intention to remove or delete your User Content from the Mashup Website. You understand and agree, however, that Mashup Arts may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User Submissions, You further agree that You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mashup Arts all of the license rights granted herein.
- f. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Mashup Arts Content Licensing, found at www.mashuparts.com/content_licensing.php, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- g. Mashup Arts does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mashup Arts expressly disclaims any and all liability in connection with User Submissions. Mashup Arts does not permit copyright infringing activities and infringement of intellectual property rights on its Mashup Arts Website, and Mashup Arts will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Mashup Arts reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
Mashup Arts reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Mashup Arts may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Mashup Arts respects the intellectual property of others and asks that its users do the same. Mashup Arts may, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you are a copyright owner or an agent of a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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
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.
Mashup Arts' designated Copyright Agent to receive notifications of claimed infringement is:
c/o Mashup Arts Inc
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MASHUP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MASHUP ARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MASHUP WEBSITE AND YOUR USE THEREOF. MASHUP ARTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MASHUP WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MASHUP WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MASHUP WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MASHUP WEBSITMASHUP ARTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MASHUP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MASHUP ARTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL MASHUP ARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MASHUP WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MASHUP WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MASHUP WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MASHUP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MASHUP ARTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MASHUP ARTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Mashup Arts Website is controlled and offered by Mashup Arts from its facilities in Canada. Mashup Arts makes no representations that the Mashup Arts Website is appropriate or available for use in other locations. Those who access or use the Mashup Arts Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Mashup Arts, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees, on a solicitor and client basis) arising from: (i) your use of and access to the Mashup Arts Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Mashup Arts Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Mashup Arts Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Mashup Arts Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mashup Arts without restriction.
You agree that: (i) the Mashup Arts Website shall be deemed solely based in Ontario, Canada; (ii) these Terms of Service shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without respect to its conflict of laws principles. Any claim or dispute between you and Mashup Arts that arises in whole or in part from the Mashup Arts Website shall be decided exclusively by a court of competent jurisdiction located in the Province of Ontario. These Terms of Service, together with the Privacy Notice at www.mashuparts.com/privacy.php and any other legal notices published by Mashup Arts on the Mashup Arts Website, shall constitute the entire agreement between you and Mashup Arts concerning the Mashup Arts Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mashup Arts' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MASHUP ARTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED