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Terms of Use

Last Updated: November 26th, 2014.

Bestcanvas, Inc. ("Bestcanvas") provides the bestcanvas.com web site (the "Site") as a service to its customers and other interested parties. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Bestcanvas may change these Terms of Use from time to time, at Bestcanvas's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.

  1. GENERAL PROVISIONS.
  2. 1.1 USE OF INFORMATION AVAILABLE ON THE SITE.

    (a) You acknowledge that Bestcanvas reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.

    (b) Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of Bestcanvas and/or its suppliers or licensors.

    (c) Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see paragraph 2 below for further details regarding Posted Information.

    (d) Unless otherwise noted in a particular document, Bestcanvas hereby authorizes you to electronically copy or print in hard copy any document published by Bestcanvas on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Bestcanvas without prior written approval from Bestcanvas or the appropriate supplier or licensor is strictly prohibited.

    (e) Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

    (f) Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Bestcanvas, its suppliers or licensors, or any other third party.

    (g) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

    1.2 DESIGN AND LAYOUT.

    The design of the Site is the property of Bestcanvas. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.

    1.3 LINKS TO THIRD PARTY SITES.

    Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Bestcanvas, and Bestcanvas is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

    1.4 USER PRIVACY INFORMATION.

    In general, people may visit the Site while remaining anonymous and not revealing any personal information. Bestcanvas does use "cookie" technology to obtain non-personal information from its on-line visitors. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of the Site. Bestcanvas does not, without your permission, distribute to third parties information you have submitted to this Site that identifies you personally, except that if you make a purchase using the Service, information may have to be provided for limited purposes of fulfilling your order to our affiliates, shipping partners and payment processing companies. For a complete description of how Bestcanvas uses the information collected from the Site, please see Bestcanvas's Privacy Policy www.bestcanvas.com/privacy_policy applicable to the Site, which is incorporated into these Terms of Use by reference. Some portions of the Site may permit you to post certain information about yourself if you choose to do so. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, exempt from this Privacy Policy. Please see paragraph 2 for additional information. Bestcanvas intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity individuals submitting or posting information to Bestcanvas or on the Site.

    1.5 PRODUCT DESCRIPTIONS.

    Bestcanvas attempts to be accurate at all times. However, Bestcanvas does not warrant that descriptions or other content of the Site are accurate, complete, reliable, current or error-free.

    1.6 USER FEEDBACK AND IMPROPER TRANSMISSIONS.

    (a) Except for Posted Information (as defined below) or Personal information (as defined in our Privacy Policy (available at www.bestcanvas.com/privacy_policy), if you transmit to or otherwise provide to Bestcanvas any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. Bestcanvas shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Bestcanvas, you are deemed to grant to Bestcanvas a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

    (b) You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, hateful, inflammatory, libelous, false, defamatory, offensive, indecent, obscene or pornographic material, material that invades someone's right to privacy or celebrity, material that violates someone's copyright or other intellectual property rights, or material that would violate any other applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities, or that is otherwise objectionable. However, if such communications do occur, Bestcanvas will have no liability related to the content of any such communications.

    (c) Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.

    (d) You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.

    (e) Bestcanvas may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. Bestcanvas is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.

    1.7 DIGITAL MILLENNIUM COPYRIGHT ACT

    (a) If you are a copyright owner or an agent thereof and believe that any Posted Information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    (ii) 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;
    (iii) 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;
    (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    (v) 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
    (vi) 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.
    (b) Bestcanvas's designated Copyright Agent to receive notifications of claimed infringement is:

    Bestcanvas, Inc.
    Attn. Designated Copyright Agent
    6300 NE 4th Avenue
    Miami, FL 33138

    or E-mail to copyright@bestcanvas.com

    You acknowledge that if you fail to comply with all of the requirements of Section 1.7(a), your DMCA notice may not be valid.
    (c) Counter-Notice. If you believe that your Posted Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
    (i) Your physical or electronic signature;
    (ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
    (iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
    (iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court sitting in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    (d) If a counter-notice is received by the Copyright Agent, Bestcanvas may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Posted Information provider, member or user, the removed Posted Information may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bestcanvas's sole discretion.

    1.8 DELETION AND LOCKOUT.

    Failure to adhere to any of these Terms of Use may result in messages and/or Posted Information being blocked, deleted from the Site and possible.

    1.9 INTERNATIONAL INFORMATION.

    The Site may provide access to international data about Bestcanvas, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Bestcanvas, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.

    1.10 CONTESTS AND SWEEPSTAKES.

    From time to time, you may be invited to participate in contests, sweepstakes or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. Please see the Privacy Policy, available at www.bestcanvas.com/privacy_policy, for additional detail. Posting by Bestcanvas of a contest or similar event on the Site does not mean that it is applicable to your jurisdiction.

    1.11 LINKING AND FRAMING.

    You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at www.bestcanvas.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.

    1.12 VIOLATION OF TERMS OF USE.

    You acknowledge that Bestcanvas has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Bestcanvas, interfere with any other user's access or use of the Site, or if Bestcanvas decides that your use is otherwise detrimental to Bestcanvas, the Site, or Bestcanvas's suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact Bestcanvas at info@bestcanvas.com. Bestcanvas may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Bestcanvas does not have any obligation or liability to you for the performance or nonperformance of those activities.

    1.13 SITE SERVICES AND PURCHASES.

    Bestcanvas may, from time to time, offer through the Site certain services and may offer you to make purchases of certain products that are subject to their own specific Terms of Service, available at www.bestcanvas.com/terms-of-service, and Terms of Sale, available at at www.bestcanvas.com/terms-of-sale. In the event of any conflict between those Terms of Service or Terms of Sale and these Terms of Use, the applicable Terms of Service and Terms of Purchase shall control. Please be sure to review any applicable Terms of Service before making use of a Site service and of Terms of Sale before making any purchases on the Site.

  3. POSTED INFORMATION.
  4. 2.1 ALL POSTED INFORMATION IS PUBLIC.

    Bestcanvas may reserve certain portions of the Site to permit registered users to post materials or information, including but not limited to classified ads, user resumes or other personal information, job listings, user demonstration reels or other sample materials, graphics, images, opinions, comments, conversations or questions ("Posted Information"). Bestcanvas has provided those special sections as a service to its customers and the media community with the intent of making Posted Information publicly available to anyone who wishes to view it. By using these services and posting or transmitting to Bestcanvas for posting such Posted Information, you thereby acknowledge and agree that all Posted Information is publicly available to any viewer of the Site. You further acknowledge and agree that Bestcanvas shall have no responsibility, liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to Bestcanvas itself. Without limiting the foregoing, you agree that the Posted Information is exempt from the application of Bestcanvas's Privacy Policy www.bestcanvas.com/privacy_policy .

    2.2 LICENSE TO POSTED INFORMATION.

    (a) By submitting the Posted Information for publication on the Site, you grant to Bestcanvas, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenseable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute (in any format whatsoever) the Posted Information for any purpose related to the Site.

    (b) You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization. If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to Bestcanvas a worldwide, royalty-free, sublicenseable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. Bestcanvas requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link. Bestcanvas reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.

    (c) Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of Bestcanvas with regard to the contents of sites related to User Links.

    2.3 USE AND MONITORING OF POSTED INFORMATION.

    (a) The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. Bestcanvas may make only a portion of the Site available for the publication, distribution, and review of Posted Information. Bestcanvas is not involved in any transactions between the users who submit Posted Information and the users who view or use such information. Without limiting the generality of foregoing, Bestcanvas is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.

    (b) In addition, please note that Bestcanvas cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.

    (c) Bestcanvas has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. Bestcanvas may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by Bestcanvas of the Posted Information.

    (d) Bestcanvas reserves the right, in its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of Bestcanvas or the Site, including but not limited to rejecting Posted Information, removing Posted Information, and/or revoking the access of any user who violates these Terms of Use.

  5. USER REPRESENTATIONS AND WARRANTIES.
  6. 3.1 Bestcanvas respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you hereby represent and warrant that:

    a) You have all right, title, and interest to such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you abide by these Terms of Use and make the Posted Information available;

    b) The Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;

    c) To the extent you are advertising to transfer or sell any product, you have all right, title and interest in such product to allow such transfer or sale (in particular, please note that the software license applicable to an Bestcanvas Product governs the ability to transfer it to another user);

    d) You are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and

    e) The Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.

    By reviewing or using the Posted Information, you represent and warrant that:

    a) You will only use it for lawful purposes;

    b) Your use of the Site will not violate or constitute the infringement of the Intellectual Property Rights of Bestcanvas or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and

    c) Your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.

    3.2 If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to Bestcanvas's Designated Agent for copyright complaints. Please see our Copyright Complaint Policy, available at www.bestcanvas.com/copyright, for further information.

  7. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION.
  8. For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.

    4.1 DISCLAIMERS.

    (a) THE SITE IS PROVIDED BY BESTCANVAS "AS IS" AND WITH ALL FAULTS. BESTCANVAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, BESTCANVAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    (b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BESTCANVAS SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. BESTCANVAS DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

    (c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BESTCANVAS SPECIFICALLY INFORMS YOU THAT BESTCANVAS MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

    4.2 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES SHALL BESTCANVAS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF BESTCANVAS, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BESTCANVAS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  9. INDEMNIFICATION.
  10. 5.1 You agree to indemnify, hold harmless, and defend Bestcanvas and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party or Parties. Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

  11. MISCELLANEOUS.
  12. 6.1 These Terms of Use are governed by the laws of the State of Florida, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply.

    6.2 You agree to the sole and exclusive jurisdiction and venue of the federal or state courts sitting in Dade County, Florida, in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it, and you waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non convenience. You and Bestcanvas irrevocably waive the right to jury trial.

    6.3 The failure of Bestcanvas to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right.

    6.4 You and Bestcanvas are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

    6.5 Nothing in these Terms of Use is intended to affect your rights, if any, under applicable consumer protection laws. In the event that any of the terms of the Terms of Use contradict your rights under applicable consumer protection laws, then the terms of such law shall govern but only insofar as specific provisions of the Terms of Use are incompatible with such law, and the rest of the Terms of Use shall remain unaffected. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Copyright 2014 - © Bestcanvas, Inc., 6300 NE 4th Avenue, Miami, FL 33138. All rights reserved.