Muralife - Terms of Service
Muralife is a website for creating art out of your photos. We call the services available on Muralife, whether accessed directly, or through the Mobile Software or such third party applications, the "Service(s)."
We will refer to our company and Service as "Muralife". Like all online services, we need to have a Terms of Service ("Terms"). Please read these Terms carefully, and email us at firstname.lastname@example.org
and others who access the Service ("Users").
1. Sharing Your Content
- Your content. Muralife allows you to post content on the Service, including photos, comments, and other materials. Anything that you post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to our Service.
- How Muralife and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your User Content on Muralife for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Muralife’s rights under separate licenses to User Content. Please remember that the Muralife Service is a public platform, and that other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.
- How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account, Muralife may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Muralife and other Users may retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your User Content that other Users have re-posted to their own Muralife profile or which you have posted to public or semi-public areas of the Service.
Your responsibility for your content:
- To Muralife and our community. Muralife provides a creative outlet for you to alter photos. We reserve the right, but are not obligated, to remove User Content from the Service for any reason.
- To third parties. Muralife values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can post or re-post User Content. To learn more about copyright and fair use, please click here
for some links to useful third party resources.
- Definition of Intellectual Property Rights. When we refer to "Intellectual Property Rights" in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
- Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make Muralife more fun. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Muralife under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Muralife does not waive any rights to use similar or related Feedback previously known to Muralife, or developed by its employees, or obtained from sources other than you.
2. Muralife Content
- Muralife Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter ("Muralife Content") are the property of Muralife and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Muralife Content without our permission.
- Our license to you. We grant you a license to use the Service, including accessing and viewing Muralife Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. Muralife may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Muralife reserves all other rights and no other rights are granted by implication or otherwise.
3. Copyright Policy
Muralife respects the intellectual property rights of others and expects its users to do the same. It is Muralife’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Muralife will respond expeditiously to claims of copyright infringement committed using the Muralife website (the "Site") that are reported to Muralife’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and emailing it to email@example.com. Upon receipt of the Notice as described below, Muralife will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
Include in the email the following details ...
a) Provide urls to your work that is posted on your own website.
b) Identify the url of infringed work on Muralife.
c) Your full name.
d) Your address.
e) Phone number.
Also include the following paragraph ...
I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The information in this notice is accurate.
Complete the process by emailing this info to firstname.lastname@example.org and we will address your issue swiftly.
4. Using Muralife
- Who can use Muralife. You may use the Service only if you can form a binding contract with Muralife, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Muralife community, the Service is not available to any Users previously removed from the Service by Muralife.
- Terminating your account. You may close your account at any time by sending an email to email@example.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How Muralife and other users can use your content), 1c (How long we keep your content), 1e (Feedback you provide), 1f (Definition of Intellectual Property Rights), 2a (Muralife Content), 3 (Copyright Policy), 4c (Terminating your account), 4f (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the "How long we keep your content" section above.
- Your responsibility for your account. When you create your Muralife account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Muralife of any compromise of your credentials you become aware of and any unauthorized use of your account.
- Changes to the Service. Here at Muralife, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
- Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Muralife will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make Muralife a positive and respectful community.
5. Privacy and Security
6. Third-party Links, Sites and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Muralife. Muralife does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Muralife will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to indemnify and hold harmless Muralife and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Muralife Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MURALIFE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
MURALIFE takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, MURALIFE CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER MURALIFE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, MURALIFE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MURALIFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL MURALIFE’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR MURALIFE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MURALIFE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. Muralife makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
10. General Terms
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Muralife without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Export Control. Any software or technology obtained from Muralife through the Service, including the Mobile Software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Muralife may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
- Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Muralife in connection with the Service, shall constitute the entire agreement between you and Muralife concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
- No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Muralife’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Contact. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.